(a) If the employer makes payments of compensation to an employee or those entitled to
compensation on account of the death of an employee under chapters 29 — 38 of this
title, a memorandum of that agreement signed by the employer or the employer’s insurer
shall be filed with the department which shall immediately docket it in a book kept
for that purpose.
(b) The memorandum shall include:
(1) The names of the employee, employer, and insurance carrier;
(2) The date, place, nature, and location of the injury on the employee’s body;
(3) The names of the employee’s other employers, if any, or a statement that there is
no multiple employment, if that is the case;
(4) The rate upon which the compensation is based;
(5) Any other information required by the director; and
(6) The average weekly straight time earnings earned by the employee for the thirteen
(13) weeks prior to injury and the amount of overtime pay included in calculating
the employee’s average weekly wage.
(c) The employer shall send a copy of the memorandum and any amendments to it to the employee
and his or her attorney or the representative of the decedent and its attorney either
with the payment of compensation made under § 28-35-40 or by certified mail, return receipt requested, at the same time as it is filed with
the department.
(d) The employer shall file a memorandum pursuant to this section within ten (10) days
of the initial payment by the employer or insurer.
(e) Upon the filing of the memorandum of agreement with the department, the memorandum
shall be as binding on the party filing the memorandum as a preliminary determination,
order, or decree.
Notes of Decisions
Gomes v. Bristol Mfg. Corp., 182 A.2d 318 (R.I. 1962).
· cites it 16× “Section 28-35-1 provides: "If the employer and the employee * * * reach an agreement in regard to compensation under chapters 29 to 38, inclusive, of this title, a memorandum of such agreement signed by the parties shall be filed in the office of the director of labor, who shall…”
Jones v. Grinnell Corp., 362 A.2d 139 (R.I. 1976).
“Sections 28-35-1 and 28-35-3. Petitions for adjudication of disputed matters are filed with the commission.”
Impulse Packaging, Inc. v. Sicajan, 869 A.2d 593 (R.I. 2005).
“Soon after Sica-jan’s injury, the parties entered into a memorandum of agreement dated December 18, 1997, pursuant to § 28-35-1, which established the injury as a left third and fourth digit distal flanks amputation, placed Sicajan on partial incapacity, and established an…”
McAree v. Gerber Prods. Co., 342 A.2d 608 (R.I. 1975).
“General Laws 1956 (1968 Reenactment) §§28-35-1 through 8. 4 The year referred to by the commission encompasses the period beginning-In August 1972 and ending September 1973.”
Babbitt v. Saccoccio, 592 A.2d 847 (R.I. 1991).
“1956 (1986 Reenactment) § 28-35-1, as amended by P.L.1986, ch. 507, § 9.”
Giordiano v. Uniroyal, Inc., 273 A.2d 855 (R.I. 1971).
“The first sentence which dealt with the filing and docketing of signed compensation agreements became §28-35-1. The other portion concerning the supplying the employee with duplicate originals became §28-35-10.”
Am. Power Conversion v. Benny's, Inc., 740 A.2d 1265 (R.I. 1999).
· cites it 2× “Pursuant to G.L.1956 § 28-35-1 of the act, if an employer makes compensation payments to a disabled employee, it must file an MOA with the Rhode Island Department of Labor and Training that contains certain specified information about the employee, the injury, and the…”
Caddick v.. Bostitch/Div. of Textron, 519 A.2d 584 (R.I. 1987).
· cites it 2× “1956 (1986 Reenactment) § 28-35-1 that if an employer makes payments of compensation to an employee, a memorandum of such agreement signed by the employer shall be filed with the department and shall include the time, place and nature of the injury.”
Ponte v. Malina Co., 745 A.2d 127 (R.I. 2000).
“Pursuant to General Laws 1956 § 28-35-1 of the Workers’ Compensation Act (WCA), an employer who makes payments of compensation to an employee under the WCA is required to file a memorandum of agreement (MOA) with the Rhode Island Department of Labor and Training and to serve a…”
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