Rhode Island General Laws
R.I. Gen. Laws § 28-35-38 (2026)
Certification of questions to supreme court
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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If, in the course of the proceedings in any cause, any question of law arises which in the opinion of the workers’ compensation court is of such doubt and importance, and so affects the merits of the controversy, that it ought to be determined by the supreme court before further proceedings, the workers’ compensation court may certify that question to the supreme court for that purpose, and stay all further proceedings except those that are necessary to preserve the rights of the parties.
Notes of Decisions
Cited in 2
cases, 1984–1989 · leading case: Empire Equip. Eng'g Co. v. Sullivan, 565 A.2d 527 (R.I. 1989).
Empire Equip. Eng'g Co. v. Sullivan, 565 A.2d 527 (R.I. 1989). “1956 (1986 Reenactment) § 28-35-38. 1 We decline to answer the questions certified and remand to the Workers’ Compensation Commission with directions.”
John J. Orr & Sons, Inc. v. Waite, 479 A.2d 721 (R.I. 1984). “During the course of the pretrial conference, employer also presented a motion to the trial commissioner to certify the question of the constitutionality of the pretrial procedure to this court pursuant to § 28-35-38. This motion was denied by the trial commissioner.”
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