Rhode Island General Laws

R.I. Gen. Laws § 28-33-17.1 (2026)

Employees not entitled to compensation

✓ text as last checked July 2026 (this copy records no edition or section history)
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(a) An employee shall not be entitled to compensation under chapters 29 — 38 of this title for any period during which the employee was gainfully employed or found capable of gainful employment at an average weekly wage equal to or in excess of the pre-injury average weekly wage, exclusive of overtime, that the employee was earning at the time of the employee’s injury, notwithstanding an existing agreement or decree to the contrary.

(b) In the event that any employer or insurer makes payment of compensation benefits to an employee for any period during which the employee was not entitled to be paid in accordance with subsection (a) of this section, or in the event that an overpayment of weekly benefits was paid, the employer shall be entitled to credit for any payment of compensation made during that period of employment against future compensation benefits and/or specific compensation benefits pursuant to § 28-33-19 payable directly to the employee, as agreed to by the parties, or determined by the court.

(c) An employee shall also not be entitled to compensation under chapters 29 — 38 of this title for any period during which the employee was imprisoned as a result of a conviction of a criminal offense. Where the disposition of criminal charges results in a conviction and includes credit for time-served, such that the time served becomes a period served as the result of a conviction, the employee shall not be entitled to compensation for that period. If payments were made to the employee for that period, prior to the disposition of the charges, the employer/insurer shall be entitled to a credit for the payments as against any future entitlement to benefits.

Notes of Decisions
Cited in 7 cases, 1979–2019 · leading case: State v. Healy, 410 A.2d 432 (R.I. 1980).
State v. Healy, 410 A.2d 432 (R.I. 1980). · cites it 7× “1978, §28-33-17.1 3 and *605 §28-33-18.1, 4 which in essence provided for the unilateral termination of an agreement in Workers’ Compensation if the employee returned to work and was receiving earnings equal to or in excess of wages earned at the time of the injury.”
Rathbun v. Leesona Corp., 460 A.2d 931 (R.I. 1983). · cites it 9× “1956 (1979 Reenactment) §§ 28-33-17.1 and 28-33-18.1, referred to as the “double-dipping” statutes, allow an employer to unilaterally terminate all outstanding agreements and decrees.”
Lombardo v. Atkinson-Kiewit, 746 A.2d 679 (R.I. 2000). · cites it 4× “The Legislature responded by enacting the so-called "double dipping" statute, G.L.1956 §§ 28-33-17.1 and 28-33-18.1 as found in P.”
State v. Quattrocchi, 687 A.2d 78 (R.I. 1996). · cites it 3× “The former statute that preceded the present § 28-33-17.1 provided for benefits to be payable to dependents during a period of imprisonment.”
C. Sadler v. WCAB (Philadelphia Coca-Cola), 210 A.3d 372 (Pa. Commw. Ct. 2019). “, 28 R.I. Gen. Laws § 28-33-17.1 (c) (providing that, under Rhode Island law, an injured worker is not entitled to WC benefits "for any period during which the employee was imprisoned as a result of a conviction of a criminal offense," which "includes credit for time-served,…”
Fitzpatrick v. Cucinotta, 726 A.2d 1147 (R.I. 1999). · cites it 4× “General Laws 1956 § 28-33-17.1(c) provides that: “An employee shall also not be entitled to compensation under chapters 29 — 38 of this title for any period during which the employee was imprisoned as a result of a conviction of a criminal offense.”
Marshall v. Kaiser Aluminum & Chem. Corp., 402 A.2d 575 (R.I. 1979). “There is no suggestion in the stipulated facts of this case that the child, Deborah Marshall, is physically or mentally incapacitated in any way.”
R.I. Gen. Laws § 28-33-17.1(c): 2 cases
State v. Quattrocchi, 687 A.2d 78 (R.I. 1996). “The former statute that preceded the present § 28-33-17.1 provided for benefits to be payable to dependents during a period of imprisonment.”
Fitzpatrick v. Cucinotta, 726 A.2d 1147 (R.I. 1999). “General Laws 1956 § 28-33-17.1(c) provides that: “An employee shall also not be entitled to compensation under chapters 29 — 38 of this title for any period during which the employee was imprisoned as a result of a conviction of a criminal offense.”
R.I. Gen. Laws § 28-33-17.1(e): 1 case
Fitzpatrick v. Cucinotta, 726 A.2d 1147 (R.I. 1999). “General Laws 1956 § 28-33-17.1(c) provides that: “An employee shall also not be entitled to compensation under chapters 29 — 38 of this title for any period during which the employee was imprisoned as a result of a conviction of a criminal offense.”
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