The disablement of any employee resulting from an occupational disease or condition
described in the following schedule shall be treated as the happening of a personal
injury, as defined in § 28-33-1, within the meaning of chapters 29 — 38 of this title, and the procedure and practice
provided in those chapters shall apply to all proceedings under this chapter, except
where specifically provided otherwise in this chapter:
(1) Anthrax.
(2) Arsenic poisoning or its sequelae.
(3) Brass or zinc poisoning or its sequelae.
(4) Lead poisoning or its sequelae.
(5) Manganese poisoning.
(6) Mercury poisoning or its sequelae.
(7) Phosphorous poisoning or its sequelae.
(8) Poisoning by wood alcohol.
(9) Poisoning by carbon bisulphide, methanol, naphtha, or volatile halogenated hydrocarbons,
or any sulphide, or its sequelae.
(10) Poisoning by benzol, or nitro-, hydro-, hydroz-, amido derivatives of benzol (dinitrobenzol,
anilin, and others), or its sequelae.
(11) Poisoning by carbon monoxide.
(12) Poisoning by nitrous fumes or its sequelae.
(13) Poisoning by nickel carbonyl or its sequelae.
(14) Dope poisoning (poisoning by tetrachlormethane or any substance used as or in conjunction
with a solvent for acetate or cellulose or nitrocellulose or its sequelae).
(15) Poisoning by formaldehyde and its preparations.
(16) Chrome ulceration or its sequelae or chrome poisoning.
(17) Epitheliomatous cancer or ulceration of the skin, or of the corneal surface of the
eye, due to tar, pitch, bitumen, mineral oil, or paraffin or any compound, product,
or residue of any of these substances.
(18) Glanders.
(19) Compressed air illness or its sequelae.
(20) Miner’s disease, including only cellulitis, bursitis, ankylostomiasis, tenosynovitis,
and nystagmus.
(21) Cataract in glassworkers.
(22) Radium poisoning or disability due to radioactive properties of substances or to Roentgen
rays (X-rays).
(23) Methyl chloride poisoning.
(24) Poisoning by sulphuric, hydrochloric, or hydrofluoric acid.
(25) Respiratory, gastrointestinal, or physiological nerve and eye disorders due to contact
with petroleum products and their fumes.
(26) Disability arising from blisters or abrasions.
(27) Hernia, clearly recent in origin and resulting from a strain arising out of and in
the course of employment and promptly reported to the employer.
(28) Infection or inflammation of the skin or eyes or other external contact surfaces or
oral or nasal cavities due to oils, cutting compounds, or lubricants, dusts, liquids,
fumes, gases, or vapors.
(29) Dermatitis (venenata).
(30) Disability arising from bursitis or synovitis.
(31) Disability arising from frostbite.
(32) Disability arising from silicosis or asbestosis.
(33) Disability arising from any cause connected with or arising from the peculiar characteristics
of the employment.
(34) Disability arising from any cause connected with or arising from ionizing radiation.
(35) Disability arising from pneumoconiosis caused by the inhalation of metallic minerals
or mineral particles.
(36) The disablement of an employee resulting from mental injury caused or accompanied
by identifiable physical trauma or from a mental injury caused by emotional stress
resulting from a situation of greater dimensions than the day-to-day emotional strain
and tension that all employees encounter daily without serious mental injury shall
be treated as an injury as defined in § 28-29-2.
Notes of Decisions
Nassa v. Hook-SupeRx, Inc., 790 A.2d 368 (R.I. 2002).
· cites it 5× “2d 1345 (1981) (holding that an office manager who suffered from the ordinary stress and rigors of moving her office from one city to another was not entitled to obtain benefits under the WCA for her alleged psychological injuries), the General Assembly enacted § 28-34-2(36),…”
Cousineau v. ITT Royal Elec., 484 A.2d 884 (R.I. 1984).
· cites it 6× “1956 (1979 Reenactment) § 28-34-2. 2 According to the appellate commission’s decision, there was not a scintilla of evidence that any incident that could be classified as a “strain” had occurred.”
Means v. Baltimore Cnty., 689 A.2d 1238 (Md. 1997).
· cites it 2× “802 (1995); R.I.Gen.Laws § 28-34-2 (1996); Owens v. National Health Labs.”
Wayland Health Ctr. v. Lowe, 475 A.2d 1037 (R.I. 1984).
· cites it 2× “” 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.”
Vater v. Hb Grp., 667 A.2d 283 (R.I. 1995).
· cites it 3× “Section 28-34-2. Moreover, § 28-34-3 and § 28-34 — 4, as amended by P.”
Andrade v. Mintell, 229 A.2d 50 (R.I. 1967).
· cites it 2× “” Provision is made in §28-34-2 that the procedure and practice set'out in chaps.”
Moreno v. NULCO Mfg. Corp., 591 A.2d 788 (R.I. 1991).
“1956 (1986 Reenactment) § 28-34-2(36), which defined mental injury as compensable if “caused by emotional stress resulting from a situation of greater dimensions than the day-to-day emotional strain and tension which all employees encounter daily without serious mental injury.”
Rega v. Kaiser Aluminum & Chem. Corp., 475 A.2d 213 (R.I. 1984).
· cites it 2× “1956 (1979 Reenactment) § 28-34-2 of the Workers’ Compensation Act by specifically adding mental injury to the list of occupational diseases.”
Gallagher v. Nat'l Grid USA/Narragansett Elec., 44 A.3d 743 (R.I. 2012).
“See § 28-34-1(3) and § 28-34-2(32). An employee suffering from an occupational disease is entitled to recover compensation “from the employer who last employed the employee in the employment to the nature of which the disease was due and in which it was contracted.”
Souza v. Raytheon Co., 490 A.2d 500 (R.I. 1985).
· cites it 9× “1956 (1979 Reenactment) § 28-34-2. Under § 28-34-2(28) an occupational disease includes “inflammation of the * * * oral or nasal cavities due to * * * fumes, gases, or vapors.”
— R.I. Gen. Laws § 28-34-2(26) — 1 case
Souza v. Raytheon Co., 490 A.2d 500 (R.I. 1985).
“1956 (1979 Reenactment) § 28-34-2. Under § 28-34-2(28) an occupational disease includes “inflammation of the * * * oral or nasal cavities due to * * * fumes, gases, or vapors.”
— R.I. Gen. Laws § 28-34-2(27) — 1 case
Cousineau v. ITT Royal Elec., 484 A.2d 884 (R.I. 1984).
“1956 (1979 Reenactment) § 28-34-2. 2 According to the appellate commission’s decision, there was not a scintilla of evidence that any incident that could be classified as a “strain” had occurred.”
— R.I. Gen. Laws § 28-34-2(28) — 1 case
Souza v. Raytheon Co., 490 A.2d 500 (R.I. 1985).
“1956 (1979 Reenactment) § 28-34-2. Under § 28-34-2(28) an occupational disease includes “inflammation of the * * * oral or nasal cavities due to * * * fumes, gases, or vapors.”
— R.I. Gen. Laws § 28-34-2(29) — 1 case
Wayland Health Ctr. v. Lowe, 475 A.2d 1037 (R.I. 1984).
“” 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.”
— R.I. Gen. Laws § 28-34-2(31) — 1 case
Souza v. Raytheon Co., 490 A.2d 500 (R.I. 1985).
“1956 (1979 Reenactment) § 28-34-2. Under § 28-34-2(28) an occupational disease includes “inflammation of the * * * oral or nasal cavities due to * * * fumes, gases, or vapors.”
— R.I. Gen. Laws § 28-34-2(32) — 1 case
Gallagher v. Nat'l Grid USA/Narragansett Elec., 44 A.3d 743 (R.I. 2012).
“See § 28-34-1(3) and § 28-34-2(32). An employee suffering from an occupational disease is entitled to recover compensation “from the employer who last employed the employee in the employment to the nature of which the disease was due and in which it was contracted.”
— R.I. Gen. Laws § 28-34-2(33) — 2 cases
Vater v. Hb Grp., 667 A.2d 283 (R.I. 1995).
“Section 28-34-2. Moreover, § 28-34-3 and § 28-34 — 4, as amended by P.”
— R.I. Gen. Laws § 28-34-2(36) — 6 cases
Nassa v. Hook-SupeRx, Inc., 790 A.2d 368 (R.I. 2002).
“2d 1345 (1981) (holding that an office manager who suffered from the ordinary stress and rigors of moving her office from one city to another was not entitled to obtain benefits under the WCA for her alleged psychological injuries), the General Assembly enacted § 28-34-2(36),…”
Means v. Baltimore Cnty., 689 A.2d 1238 (Md. 1997).
“802 (1995); R.I.Gen.Laws § 28-34-2 (1996); Owens v. National Health Labs.”
Moreno v. NULCO Mfg. Corp., 591 A.2d 788 (R.I. 1991).
“1956 (1986 Reenactment) § 28-34-2(36), which defined mental injury as compensable if “caused by emotional stress resulting from a situation of greater dimensions than the day-to-day emotional strain and tension which all employees encounter daily without serious mental injury.”
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.