Notwithstanding any provisions of law to the contrary, the workers’ compensation court
shall be allowed a filing fee of twenty dollars ($20.00) for the filing of a petition
under chapters 29 — 38 of this title and a filing fee of twenty-five dollars ($25.00)
for the filing of an appeal under § 28-35-28, which sums shall be deposited to provide additional funding to the uninsured employers
fund as established by chapter 53 of this title. The workers’ compensation court may
charge fees for certified copies of decrees and copies of transcripts. In addition
to the fees set forth herein, the workers’ compensation court shall apply a technology
surcharge on all petitions and appeals in accordance with § 8-15-11. In proceedings under this chapter, and in proceedings under chapter 37 of this title,
costs shall be awarded, including counsel fees and fees for medical and other expert
witnesses, including interpreters, to employees who successfully prosecute petitions
for compensation; petitions for medical expenses; petitions to amend a preliminary
order or memorandum of agreement; and all other employee petitions, except petitions
for lump-sum commutation; and to employees who successfully defend, in whole or in
part, proceedings seeking to reduce or terminate any and all workers’ compensation
benefits; and to medical services providers who successfully prosecute petitions for
the payment of medical expenses, except that medical services providers shall not
be paid expert witness fees for testimony in support of petitions filed in their behalf.
These costs shall be assessed against the employer by a single judge, by an appellate
panel, and by the supreme court on appeal consistent with the services rendered before
each tribunal and shall be made a part of the decree. No employee’s attorney shall
accept any other or additional fees for his services for the particular petition for
which the fees are awarded in each tribunal.
Notes of Decisions
Orthopedic Specialists, Inc. v. Great Atl. & Pac. Tea Co., 388 A.2d 352 (R.I. 1978).
· cites it 23× “1956 (1968 Reenactment) §28-35-32 for counsel and witness fees incurred by the plaintiff in successfully prosecuting its petition under §28-33-8 of the Act for payment for reasonable medical services rendered to an injured employee of the defendant employer, The Great Atlantic &…”
Impulse Packaging, Inc. v. Sicajan, 869 A.2d 593 (R.I. 2005).
· cites it 4× “Ill Attorney’s Fees Section 28-35-32 provides for costs and counsel fees to an employee *602 who successfully prosecutes or defends a petition against his or her employer.”
Fallon v. Skin Med. & Surgery Centers of Rhode Island, Inc., 713 A.2d 777 (R.I. 1998).
· cites it 14× “II Analysis The petition before us requires our consideration of G.L.1956 § 28-35-32. That statute authorizes the Workers’ Compensation Court to award costs, including counsel fees, to employees who successfully prosecute petitions for compensation, petitions for medical…”
Bibeault v. Hanover Ins., 417 A.2d 313 (R.I. 1980).
“1956 (1979 Reenactment) § 28-35-32, awarded attorneys’ fees to successful employees in certain cases.”
Mastronardi v. Zayre Corp., 391 A.2d 112 (R.I. 1978).
· cites it 3× “The employee’s other contentions relate to the commission’s failure to award her litigation fees under §28-35-32 which states: “In proceedings under said chapter [35 of title 28] * * * costs shall be awarded, including counsel fees and fees for medical and other expert witnesses…”
Meadows v. Lewis, 307 S.E.2d 625 (W. Va. 1983).
“1983); R.I.Gen.Laws § 28-35-32 (Supp.1982). 15 Additionally, in 1972, the Longshoremen’s Act joined the growing list of statutes with add-on attor *477 ney fees.”
Unauth. Prac. of Law Com. v. State, Dep't of Wkrs. Comp., 543 A.2d 662 (R.I. 1988).
· cites it 2× “1956 (1986 Reenactment) § 28-35-32. In authorizing the employee assistants to carry out the functions authorized by § 42-94-5, we are dealing with a question of first impression and are relying to a great extent upon the legislative findings that declare the necessity for an…”
Drake Bakeries, Inc. v. Butler, 185 A.2d 108 (R.I. 1962).
· cites it 5× “— No fee shall be charged by the clerk of any court or of the workmen’s compensation commission for the performance of any service required by this chapter, except for certified copies of decrees and copies of transcripts.”
Armour & Co. v. Greco, 185 A.2d 98 (R.I. 1962).
· cites it 4× “1956, §28-35-32, as amended. In support of its appeal the employer has filed eight specific reasons of appeal.”
Natale v. Frito-Lay, Inc., 382 A.2d 1313 (R.I. 1978).
· cites it 4× “The petitioner was awarded counsel and witness fees by the full commission, presumably in accordance with §28-35-32. That section of the Workmen’s Compensation Act awards costs to employees who successfully prosecute certain specified petitions or who successfully defend, in…”
Capaldi v. Liberty Tool & Gage Works, Inc., 206 A.2d 639 (R.I. 1965).
· cites it 3× “1956, §28-35-32, wherein he alleges the successful prosecution of a petition for compensation within ,the purview of that statute.”
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