(a) For all injuries on or after January 1, 2022, while the incapacity for work resulting
from the injury is partial, the employer shall pay the injured employee a weekly compensation
equal to sixty-two percent (62%) of the difference between his or her average weekly
base wages, earnings, or salary before the injury as computed pursuant to the provisions
of § 28-33-20, and his or her weekly wages, earnings, salary, or earnings capacity after that,
but not more than the maximum weekly compensation rate for total incapacity as set
forth in § 28-33-17. For all injuries on or before December 31, 2021, while the incapacity for work resulting
from the injury is partial, the employer shall pay the injured employee a weekly compensation
equal to seventy-five percent (75%) of the difference between his or her spendable
average weekly base wages, earnings, or salary before the injury, as computed pursuant
to the provisions of § 28-33-20, and his or her spendable weekly wages, earnings, salary, or earnings capacity after
that, but not more than the maximum weekly compensation rate for total incapacity,
as set forth in § 28-33-17. The provisions of this section are subject to the provisions of § 28-33-18.2.
(b) For all injuries occurring on or after September 1, 1990, where an employee’s condition
has reached maximum medical improvement and the incapacity for work resulting from
the injury is partial, while the incapacity for work resulting from the injury is
partial, the employer shall pay the injured employee a weekly compensation equal to
seventy percent (70%) of the weekly compensation rate as set forth in subsection (a)
of this section. The court may, in its discretion, take into consideration the performance
of the employee’s duty to actively seek employment in scheduling the implementation
of the reduction. The provisions of this subsection are subject to the provisions
of § 28-33-18.2.
(c)(1) Earnings capacity determined from degree of functional impairment pursuant to § 28-29-2(3) shall be determined as a percentage of the whole person based on the sixth (6th)
edition of the American Medical Association Guides to the Value of Permanent Impairment.
Earnings capacity shall be calculated from the percentage of impairment as follows:
(i) For impairment of five percent (5%) or less, earnings capacity shall be calculated
so as to extinguish one hundred percent (100%) of weekly benefits.
(ii) For impairment of twenty-five percent (25%) or less, but greater than five percent
(5%), earnings capacity shall be calculated so as to extinguish one hundred percent
(100%) less the percent of impairment of weekly benefits.
(iii) For impairment of fifty percent (50%) or less, but greater than twenty-five percent
(25%), earnings capacity shall be calculated so as to extinguish one hundred percent
(100%) less one point two five (1.25) times the percent of impairment of weekly benefits.
(iv) For impairment of sixty-five percent (65%) or less, but greater than fifty percent
(50%), earnings capacity shall be calculated so as to extinguish one hundred percent
(100%) less one point five (1.5) times the percent of impairment of weekly benefits.
(2) An earnings capacity adjustment under this section shall be applicable only when the
employee’s condition has reached maximum medical improvement under § 28-29-2(3)(ii) and benefits are subject to adjustment pursuant to subsection (b) of this section.
(d) In the event partial compensation is paid, in no case shall the period covered by
the compensation be greater than three hundred and twelve (312) weeks. In the event
that compensation for partial disability is paid under this section for a period of
three hundred and twelve (312) weeks, the employee’s right to continuing weekly compensation
benefits shall be determined pursuant to the terms of § 28-33-18.3. At least twenty-six (26) weeks prior to the expiration of the period, the employer
or insurer shall notify the employee and the director of its intention to terminate
benefits at the expiration of three hundred and twelve (312) weeks and advise the
employee of the right to apply for a continuation of benefits under the terms of § 28-33-18.3. In the event that the employer or insurer fails to notify the employee and the director
as prescribed, the employer or insurer shall continue to pay benefits to the employee
for a period equal to twenty-six (26) weeks after the date the notice is served on
the employee and the director.
Notes of Decisions
Mumma v. Cumberland Farms, Inc., 965 A.2d 437 (R.I. 2009).
· cites it 67× “An employee is eligible for suitable alternative employment when he or she has sustained an injury that entitles the employee to benefits pursuant to G.L.1956 § 28-33-18 (partial incapacity benefits) or G.”
Wehr, Inc. v. Truex, 700 A.2d 1085 (R.I. 1997).
· cites it 11× “(Wehr or employer), and Nancy Truex (Truex or employee) to review a final decree of the Appellate Division of the Workers’ Compensation Court awarding benefits to Truex pursuant to the partial-disability statute, G.L.1956 § 28-33-18. We deny both petitions for certiorari and…”
Star Enter. v. DelBarone, 746 A.2d 692 (R.I. 2000).
· cites it 14× “General Laws 1956 § 28-33-18(b) provides in pertinent part: "[W]here an employee’s condition has reached maximum medical improvement and the incapacity for work resulting from the injury is partial * * * the employer shall pay the injured employee a weekly compensation equal to…”
City of Pawtucket v. Pimental, 960 A.2d 981 (R.I. 2008).
· cites it 10× “We issued a writ of certiorari to review a decision by the Appellate Division of the Workers’ Compensation Court (Appellate Division) upholding the reduction of Michael Pimental’s workers’ compensation benefits under G.L. 1956 § 28-33-18(b). 1 The Appellate Division affirmed the…”
K-MART v. Whitney, 710 A.2d 667 (R.I. 1998).
· cites it 11× “The Appellate Division in its decree dated February 17, 1997, determined that "[(Insofar as the employee’s injury occurred on May 16, 1992, two (2) days before the 1992 amendment [to § 28-33-18], the prior law applies.” Because neither party contested this detenmination, we…”
Wayland Health Ctr. v. Lowe, 475 A.2d 1037 (R.I. 1984).
· cites it 6× “” 1 The pretrial procedure used to determine the earning capacity of an employee who is partially disabled under § 28-34-2 is set out in § 28-33-18. Andrade v. Mintell, 102 R.I. 148, 154-55 , 229 A.”
Nardolillo v. Big G Supermarket, Inc., 306 A.2d 844 (R.I. 1973).
· cites it 8× “Rather, it raises a single question which, in our opinion, is dispositive of the issue here raised. The respondent is contending that an employee who refuses to accept beneficial rehabilitative employment which he is capable of performing is not entitled to partial compensation,…”
Cabral v. Converse Rubber Co., 401 A.2d 1281 (R.I. 1979).
· cites it 8× “1956 (1968 Reenactment) §28-33-18. Accordingly, he entered a decree adjudging Converse in contempt since the week ending October 12, 1975, for failure to comply with the still-binding provisions of the outstanding preliminary agreement.”
Cole v. Davol, Inc., 679 A.2d 875 (R.I. 1996).
· cites it 5× “1956 § 28-33-18 that were in effect at the time of the employees' injuries and which basically said that an employer must pay partially incapacitated employees an amount equal to 66 2/3 percent of the difference between their average weekly wages, earnings, or salary before the…”
Pion v. Bess Eaton Donuts Flour Co., 637 A.2d 367 (R.I. 1994).
· cites it 2× “1, § 3, effective in 1991 provided in pertinent part as follows: “(a) When an employee has sustained an injury which entitles the employee to receive benefits pursuant to sections 28-33-18 or 28-34-3 the employee may be offered suitable alternative employment as determined by…”
— R.I. Gen. Laws § 28-33-18(a) — 4 cases
Mumma v. Cumberland Farms, Inc., 965 A.2d 437 (R.I. 2009).
“An employee is eligible for suitable alternative employment when he or she has sustained an injury that entitles the employee to benefits pursuant to G.L.1956 § 28-33-18 (partial incapacity benefits) or G.”
K-MART v. Whitney, 710 A.2d 667 (R.I. 1998).
“The Appellate Division in its decree dated February 17, 1997, determined that "[(Insofar as the employee’s injury occurred on May 16, 1992, two (2) days before the 1992 amendment [to § 28-33-18], the prior law applies.” Because neither party contested this detenmination, we…”
— R.I. Gen. Laws § 28-33-18(b) — 7 cases
City of Pawtucket v. Pimental, 960 A.2d 981 (R.I. 2008).
“We issued a writ of certiorari to review a decision by the Appellate Division of the Workers’ Compensation Court (Appellate Division) upholding the reduction of Michael Pimental’s workers’ compensation benefits under G.L. 1956 § 28-33-18(b). 1 The Appellate Division affirmed the…”
Mumma v. Cumberland Farms, Inc., 965 A.2d 437 (R.I. 2009).
“An employee is eligible for suitable alternative employment when he or she has sustained an injury that entitles the employee to benefits pursuant to G.L.1956 § 28-33-18 (partial incapacity benefits) or G.”
K-MART v. Whitney, 710 A.2d 667 (R.I. 1998).
“The Appellate Division in its decree dated February 17, 1997, determined that "[(Insofar as the employee’s injury occurred on May 16, 1992, two (2) days before the 1992 amendment [to § 28-33-18], the prior law applies.” Because neither party contested this detenmination, we…”
Star Enter. v. DelBarone, 746 A.2d 692 (R.I. 2000).
“General Laws 1956 § 28-33-18(b) provides in pertinent part: "[W]here an employee’s condition has reached maximum medical improvement and the incapacity for work resulting from the injury is partial * * * the employer shall pay the injured employee a weekly compensation equal to…”
— R.I. Gen. Laws § 28-33-18(c) — 3 cases
Star Enter. v. DelBarone, 746 A.2d 692 (R.I. 2000).
“General Laws 1956 § 28-33-18(b) provides in pertinent part: "[W]here an employee’s condition has reached maximum medical improvement and the incapacity for work resulting from the injury is partial * * * the employer shall pay the injured employee a weekly compensation equal to…”
— R.I. Gen. Laws § 28-33-18(c)(1)(i) — 1 case
Star Enter. v. DelBarone, 746 A.2d 692 (R.I. 2000).
“General Laws 1956 § 28-33-18(b) provides in pertinent part: "[W]here an employee’s condition has reached maximum medical improvement and the incapacity for work resulting from the injury is partial * * * the employer shall pay the injured employee a weekly compensation equal to…”
— R.I. Gen. Laws § 28-33-18(c)(1995) — 1 case
— R.I. Gen. Laws § 28-33-18(d) — 3 cases
Mumma v. Cumberland Farms, Inc., 965 A.2d 437 (R.I. 2009).
“An employee is eligible for suitable alternative employment when he or she has sustained an injury that entitles the employee to benefits pursuant to G.L.1956 § 28-33-18 (partial incapacity benefits) or G.”
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.