(a) Employers exempted by § 28-29-7 may come within chapters 29 — 38 of this title by election. The election on the part
of the employer shall be made by filing with the director a written statement to the
effect that the employer accepts the provisions of those chapters. The filing of this
statement shall operate to subject the employer to the provisions of those chapters
and all acts amending those chapters for the term of one year from the date of the
filing of the statement, and after that, without further act on the employer’s part,
for successive terms of one year each, unless the employer shall, at least sixty (60)
days prior to the expiration of that first or any succeeding year file with the director
a notice, in writing, to the effect that the employer withdraws the election to be
subject to the provisions of those chapters, and gives reasonable notice of this to
the employer’s workers; provided, that any employer now subject to the provisions
of those chapters shall not be required to file a further written statement of acceptance
or subsequently post notices of the employer’s acceptance.
(b) Any employer, including any corporation officer, who or that is on December 31, 1998,
subject to the provisions of chapters 29 — 38 of this title and who has not waived
coverage pursuant to § 28-29-17 or by election, shall continue to be subject to those chapters and amendments to
them unless or until the employer withdraws, in writing, the employer’s election to
be subject to the provisions of those chapters pursuant to the provisions of subsection
(a) of this section.
Notes of Decisions
Kaya v. Partington, 681 A.2d 256 (R.I. 1996).
· cites it 2× “" The WCA, in § 28-29-17, entitled "Waiver of common law rightsNotice of claim of common law right," further provides as follows: "An employee of an employer subject to or who shall have elected to become subject to the provisions of chapters 29-38 of this title as provided in…”
Mercantum Farm Corp. v. Dutra, 572 A.2d 286 (R.I. 1990).
“title shall not apply to employers who employ three (3) or less workers or operatives regularly in the same business or to employers of employees engaged in domestic service or agriculture, except for employers engaged in occupations which the director of labor shall declare…”
Teschner v. Horan, 373 A.2d 173 (R.I. 1977).
“&emdash; The provisions of chapters 29 to 38, inclusive, of this title shall not apply to employers who employ three (3) or less workmen or operatives regularly in the same business or to employers of employees engaged in domestic service of agriculture, except for employers…”
Brown v. Izzo, 388 A.2d 806 (R.I. 1978).
· cites it 2× “1956 (1968 Reenactment) §§28-29-8 and 28-31-1 to bring itself within the terms and coverage of the Workers’ Compensation Act, chapters 29 to 38 of title 28.”
Cardinale v. Cent. Portable Heating Co., 711 A.2d 1128 (R.I. 1998).
· cites it 9× “G.L. § 28-29-8, and as such requires that the employer give reasonable notice of any withdrawals to his workers as provided by R.”
Babbitt v. Saccoccio, 592 A.2d 847 (R.I. 1991).
“Section 28-29-17 states in part: “An employee of an employer subject to or who shall have elected to become subject to the provisions of chapters 29— 38, inclusive, of this title as provided in § 28-29-8 shall be held to have waived his right of action at common law to recover…”
LaFreniere v. Dutton, 44 A.3d 1241 (R.I. 2012).
“Section 28-29-17 of the Workers' Compensation Act is also noteworthy, stating in pertinent part: "Employees or corporate officers of an employer, or managers, managing members or members of a limited liability company subject to or who have elected to become subject to the…”
Nielson v. C & N, Inc., 685 A.2d 282 (R.I. 1996).
· cites it 2× “did not elect to become subject to the act in accordance with § 28-29-8, which provides in pertinent part: “The election on the part of the employer shall be made by filing with the director a written statement to the effect that he or she accepts the provisions of those…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.