Product Description

Recent updates:

• Update: September 2023

  Dear Subscriber:

  Thank you for choosing to stay current in workers' compensation law by adding this revised edition to your law library or personal reference materials. Inside, you will find new material on a myriad of topics, including the following:

  • Prison inmates. See chapter 1 for a practice note and controlling law relative to workers' compensation's availability to incarcerated individuals.

  • Street perils. See chapter 2 for a discussion of Rhode Island's recognition of certain "street perils" as actual risks of employment that allow compensation when employees have been injured while using public roadways in connection with their employment.

  • Voluntary leave or retirement. See chapter 3 for a discussion of an injured employee's potential argument that an absurd or inequitable result would occur if an injured worker were un-fairly denied weekly benefits.

  • Wage replacement for loss of earning capacity. See chapter 4 for a hypothetical regarding an employer's obligation to pay partial compensation benefits. The chapter also addresses overtime.

  • Vocational rehabilitation. See chapter 5 for a discussion of the Arrigan Center's Work Readiness Pro-gram.

  • Filing a petition. Chapter 7 sets forth the four different types of petitions an employee's coun-sel needs to file on their client's behalf.

  • Representing the employee. See chapter 9 for an updated memorandum of agreement.

  We at MCLE trust that you will find this new material useful in your law practice and valuable in keeping your workers' compensation law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Employees and Employers Covered by the Workers’ Compensation Act

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Jeffrey M. Liptrot, Esq., Lewis Brisbois Bisgaard & Smith
Lauren Motola-Davis, Esq., Lewis Brisbois Bisgaard & Smith LLP

Chapter 02 expand

Covered Injuries

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Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, PC

Chapter 03 expand

Defining Disability

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Aimee E. Audette, Esq., Audette, Audette & Violette

Chapter 04 expand

Indemnity and Medical Benefits

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Earl E. Metcalf, Esq., Langlois, Wilkins, Furtado & Metcalf, PC
Matthew E. Metcalf, Esq., Langlois, Wilkins, Furtado & Metcalf, PC

Exhibit 4A

- Form DWC-50, Itemized Statement of Compensation Buy Form

Exhibit 4B

- Maximum Weekly Compensation Rates Buy Form

Exhibit 4C

- Cost of Living Rate Increases Buy Form

Exhibit 4D

- Form DWC-03P, Wage Statements, Tips, and Purpose Buy Form

Exhibit 4E

- Full-Time Wage Statement Example Buy Form

Exhibit 4F

- Form DWC-40, Request for Additional Palliative Care Buy Form

Chapter 05 expand

Other Benefits—Rehabilitation, Specific Compensation, and Reinstatement

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John M. Harnett, Esq., Lovett, Schefrin, Harnett

Exhibit 5A

- Selected Cases Buy Form

Exhibit 5B

- Form DWC-24, Mutual Agreement Buy Form

Exhibit 5C

- Form DWC-51, Report of Specific Payment Buy Form

Chapter 06 expand

Reduction and Discontinuance of Benefits

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Nicholas R. Mancini, Esq., Mancini Law LLC

Chapter 07 expand

Practice and Procedure Before the Rhode Island Workers’ Compensation Court: Employee’s Perspective

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Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, PC

Exhibit 7A

- Notice of Contest Buy Form

Chapter 08 expand

Practice and Procedure Before the Workers’ Compensation Court: Employer’s Perspective

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James T. Hornstein, Esq., Tentindo, Kendall, Canniff and Keefe LLP
Courtney L. Manchester, Esq., Tentindo, Kendall, Canniff & Keefe LLP

Chapter 09 expand

Representing the Employee from Initial Intake to Trial and Appeal

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Michael A. St Pierre, Esq., REVENS, REVENS & ST. PIERRE

Exhibit 9A

- Form DWC-50, Itemized Statement of Compensation Buy Form

Exhibit 9B

- Form DWC-20, Non-Prejudicial Agreement Buy Form

Exhibit 9C

- Memorandum of Agreement Buy Form

Chapter 10 expand

Representing the Employer from Report of Claim to Trial and Appeal

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Hon. Moira E. Reynolds, Rhode Island Workers' Compensation Court

Chapter 11 expand

Third-Party Claims

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Madalyn E. McGunagle, Esq.,
Brooke Elizabeth Pearsons, Esq., Rhode Island Workers' Compensation Court
Michael S. Schwartz, Esq., Rhode Island Workers' Compensation Court
Thomas Michael Wall, Esq., Rhode Island Workers' Compensation Court

Exhibit 11A

- R.I.G.L. § 28-29-20 Buy Form

Exhibit 11B

- R.I.G.L. § 6-34-1 Buy Form

Exhibit 11C

- R.I.G.L. § 28-35-58 Buy Form

Exhibit 11D

- R.I.G.L. § 9-19-34.1 Buy Form

Chapter 12 expand

The Longshore and Harbor Workers’ Compensation Act—Comparison and Interaction with the Rhode Island Workers’ Compensation Act

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Robert P. Audette, Esq., Audette, Audette & Violette

Chapter 13 expand

Interaction Between Workers’ Compensation and Social Security Disability Benefits

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Mariam A. Lavoie, Esq., Lavoie Law LLC
Donna M. Nesselbush, Esq., Marasco & Nesselbush LLP

Exhibit 13A

- References and Resources Buy Form

Exhibit 13B

- Department of the Treasury Letter (April 23, 2009) Buy Form

Chapter 14 expand

Interaction Between the Workers’ Compensation Act and Other Disability and Employment Benefit Laws

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Hon. Steven A. Minicucci, Rhode Island Workers' Compensation Court

Chapter 15 expand

View from the Bench

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Hon. George E. Healy, Jr.,

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