(a) An employee’s claim for compensation under chapters 29 — 38 of this title shall be
barred unless payment of weekly compensation has commenced, or a petition, as provided
for in this chapter, has been filed within two (2) years after the occurrence or manifestation
of the injury or incapacity, or in case of the death of the employee, or in the event
of his or her physical or mental incapacity, within two (2) years after the death
of the employee or the removal of the physical or mental incapacity.
(b) The time for filing shall not begin to run in cases of latent or undiscovered physical
or mental impairment due to injury including disease until:
(1) The person claiming benefits knew, or by exercise of reasonable diligence should have
known, of the existence of the impairment and its causal relationship to his or her
employment; or
(2) After disablement, whichever is later.
(c) In any case in which weekly compensation benefits have been paid, pursuant to § 28-35-8, in which the employer or insurer has failed to file the required notices, the claimant’s
right to file a petition for compensation benefits shall be preserved without time
limitation.
Notes of Decisions
Emmett v. Town of Coventry, 478 A.2d 571 (R.I. 1984).
· cites it 8× “1956 (1968 Reenactment) § 28-35-57, the statute governing the time limitation within which workers’ compensation petitions must be brought, provided “[a]n employee’s claim for compensation * * * shall be barred unless an agreement or a petition * * * shall be filed within two…”
Gomes v. Bristol Mfg. Corp., 182 A.2d 318 (R.I. 1962).
· cites it 15× “The petitioner contends, as we understand him, that the submission to the director of labor of the nonprejudicial agreements of January 12, 1956 should be held to constitute the filing of an agreement in compliance with the provisions of § 28-35-57. He argues, however, that if…”
Lombardo v. Atkinson-Kiewit, 746 A.2d 679 (R.I. 2000).
· cites it 4× “(Section 28-35-57 is enumerated even though the preceding language refers only to specific sections of chapters 28-33 and 28-34.”
Auclair v. Am. Silk Spinning Co., 286 A.2d 253 (R.I. 1972).
· cites it 5× “Crane’s testimony the trial commissioner found that “ * * * the condition in the employee’s left arm became permanent on or about January!, 1966, and that the employee’s right of action for specific benefits arose at that time,” He concluded that the employee failed to prove…”
Wilkinson v. Harrington, 243 A.2d 745 (R.I. 1968).
“The result in Rom was implicitly approved by the legislature when it amended §28-35-57 which prescribes limitation periods for workmen’s compensation cases to incorporate the view expressed in Fuller.”
Donahue v. Washburn Wire Co., 492 A.2d 152 (R.I. 1985).
· cites it 3× “There is no evidence that the Legislature sought to give retroactive effect to the 1978 amendment of § 28-35-57 that changed a two-year limitation to a three-year limitation.”
Britto v. Fram Corp., 176 A.2d 81 (R.I. 1961).
· cites it 4× “1956, §28-35-57, by adding the following : “The time for filing claims shall not begin to run in cases of latent or undiscovered physical or mental impairment due to injury including disease until (1) the person claiming benefits knew, or by exercise of reasonable diligence…”
Jones v. Grinnell Corp., 362 A.2d 139 (R.I. 1976).
“1956 (1968 Reenactment) §28-35-57. In essence, the relevant portions of this statute provide that a compensation claim will be barred unless an agreement to pay compensation or a petition seeking compensation 1 is filed with the appropriate author *47 ity within 2 years after an…”
DE COSTA v. Devine, 157 A.2d 247 (R.I. 1960).
· cites it 3× “1956, §28-35-57. He also contended that petitioner’s right to.”
Young v. Gen. Dynamics, 494 A.2d 100 (R.I. 1985).
· cites it 3× “After a hearing before a trial commissioner, wherein counsel for respondent essentially conceded liability and a degree of residual disability, the trial commissioner entered a decree denying the petition because petitioner failed to bring his claim within the three-year time…”
— R.I. Gen. Laws § 28-35-57(a) — 1 case
— R.I. Gen. Laws § 28-35-57(b) — 1 case
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