(a) Before any case shall proceed to a trial, the judge shall conduct a mandatory pretrial
conference within twenty-one (21) days of the date of filing with a view to expediting
the case and reducing the issues in dispute to a minimum, notice of which shall be
sent by the administrator to the parties or to their attorneys of record. The conference
shall be informal and no oral testimony shall be offered or taken. Any statement then
made by either party shall in the absence of agreement be without prejudice, but any
agreement then made shall be binding.
(b) Within a reasonable time of receipt, all medical reports and documentary evidence
that the parties possess and the parties intend to present as evidence at the pretrial
conference shall be provided to the opposing party.
(c) At the pretrial conference, the judge shall make every effort to resolve any controversies
or to plan for any subsequent trial of the case. The judge shall render a pretrial
order immediately at the close of the pretrial conference. The pretrial order shall
be set forth in a simplified manner on forms prescribed by the workers’ compensation
court. It may reflect any agreements reached between the parties, but shall grant
or deny, in whole or in part, the relief sought by the petitioner. Subject to the
provisions of § 45-21.2-9(k), the pretrial order shall be effective upon entry. Any payments ordered by it including,
but not limited to, weekly benefits, medical expenses, costs, and attorney’s fees,
shall be paid within fourteen (14) days of the entry of the order.
(d) Any party aggrieved by the entry of the order by the judge may claim a trial on any
issue that was not resolved by agreement at the pretrial conference by filing with
the workers’ compensation court within five (5) days of the date of the entry of the
order, exclusive of Saturdays, Sundays, and holidays, a claim for a trial on forms
prescribed by the workers’ compensation court. If no timely claim for a trial is filed
or is filed and withdrawn, the pretrial order shall become, by operation of law and
without further action by any party, a final decree of the workers’ compensation court.
(e) All trials shall be assigned for hearing and decision to the same judge who presided
over the pretrial of the matter. Notice of the trial shall be sent by the workers’
compensation court to the parties and to their attorneys of record. All trials shall
be de novo, except that issues resolved by agreement at the pretrial conference may
not be reopened. Any other case or dispute under chapters 29 — 38 of this title that
arises during the pendency of this trial, shall be forwarded immediately to the same
judge for pretrial in accordance with this section and for any subsequent trial.
(f) If after trial and the entry of a final decree, it is determined that the employee
or medical services provider was not entitled to the relief sought in the petition,
the employer or insurer shall be reimbursed from the workers’ compensation administrative
fund, described in chapter 37 of this title, to the extent of any payments made pursuant
to the pretrial order to which there is no entitlement.
Notes of Decisions
City of Pawtucket v. Pimental, 960 A.2d 981 (R.I. 2008).
· cites it 10× “2d at 725 , § 28-35-20 “provides for a hearing at which both parties are entitled to be represented by counsel.”
McGuirl v. Anjou Int'l Co., 713 A.2d 194 (R.I. 1998).
· cites it 3× “1 At a pretrial conference conducted pursuant to G.L.1956 § 28-35-20, the trial judge initially determined that MeGuirl had suffered an independent work-related injury rather than a recurrence of the September 18, 1990 injury and ordered the employer/insurance carrier, in this…”
Callaghan v. Rhode Island Occupational Info. Coordinating Comm., 704 A.2d 740 (R.I. 1997).
· cites it 2× “On March 31,1998, Callaghan filed a claim for a trial to the WCC, pursuant to G.L.1956 § 28-35-20(d). Although Callaghan waived any rights to the payment of interest on the COLAs, she contended that, pursuant to statute, she was entitled to 20 percent of the amount of the…”
D. Corso Excavating, Inc. v. Poulin, 747 A.2d 994 (R.I. 2000).
· cites it 2× “1984), we ex *1001 plained why the reimbursement of employers and insurers from the Second Injury Fund for their compensation payments to employees under G.L.1956 § 28-35-20 did not amount to a taking without just compensation in violation of the Fifth Amendment to the United…”
Lamont v. Aetna Bridge Co., 270 A.2d 515 (R.I. 1970).
· cites it 2× “1 Section 28-35-20 requires that the trial commissioner conduct a pretrial conference before a case proceeds to hearing.”
Timothy Koback v. Mun. Employees' Ret. Sys. of Rhode Island (R.I. 2021).
· cites it 20× ““(h) In the event that a party files a notice of appeal to the workers’ compensation court, the order of the retirement board shall be stayed pending further action by the court pursuant to the provisions of Rhode Island general law § 28-35-20. “(i) Upon receipt of the record of…”
Am. Power Conversion v. Benny's, Inc., 740 A.2d 1265 (R.I. 1999).
· cites it 3× “See § 28-35-20(d). Thus, it does no violence to § 28-34-8’s “made ha-ble” language to allow last employers to bind themselves to liability via an MOA, especially when this construction furthers the General Assembly’s intent to expedite compensation payments to employees who are…”
John J. Orr & Sons, Inc. v. Waite, 462 A.2d 374 (R.I. 1983).
“ORDER This is a workers’ compensation case wherein the employer seeks certiorari to review the constitutionality of the pretrial conference procedure employed by the Workers’ Compensation Commission pursuant to General Laws of 1956 (1979 Reenactment), as amended, § 28-35-20. On…”
Dino v. Arkwright, Inc., 526 A.2d 520 (R.I. 1987).
“1956 (1979 Reenactment) § 28-35-20, as amended by P.L. 1982, eh. 32, art.”
— R.I. Gen. Laws § 28-35-20(a) — 1 case
City of Pawtucket v. Pimental, 960 A.2d 981 (R.I. 2008).
“2d at 725 , § 28-35-20 “provides for a hearing at which both parties are entitled to be represented by counsel.”
— R.I. Gen. Laws § 28-35-20(c) — 2 cases
City of Pawtucket v. Pimental, 960 A.2d 981 (R.I. 2008).
“2d at 725 , § 28-35-20 “provides for a hearing at which both parties are entitled to be represented by counsel.”
Timothy Koback v. Mun. Employees' Ret. Sys. of Rhode Island (R.I. 2021).
““(h) In the event that a party files a notice of appeal to the workers’ compensation court, the order of the retirement board shall be stayed pending further action by the court pursuant to the provisions of Rhode Island general law § 28-35-20. “(i) Upon receipt of the record of…”
— R.I. Gen. Laws § 28-35-20(d) — 4 cases
Callaghan v. Rhode Island Occupational Info. Coordinating Comm., 704 A.2d 740 (R.I. 1997).
“On March 31,1998, Callaghan filed a claim for a trial to the WCC, pursuant to G.L.1956 § 28-35-20(d). Although Callaghan waived any rights to the payment of interest on the COLAs, she contended that, pursuant to statute, she was entitled to 20 percent of the amount of the…”
Am. Power Conversion v. Benny's, Inc., 740 A.2d 1265 (R.I. 1999).
“See § 28-35-20(d). Thus, it does no violence to § 28-34-8’s “made ha-ble” language to allow last employers to bind themselves to liability via an MOA, especially when this construction furthers the General Assembly’s intent to expedite compensation payments to employees who are…”
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