(a) The workers’ compensation court may, upon petition of an employee, the dependents
of a deceased employee, an employer, an insurance carrier, or any other party in interest,
vacate, modify, or amend any final decree entered within a period of six (6) months
of the date such decree was entered, either by a single judge or by the full court,
if it appears that the decree:
(1) Has been procured by fraud; or
(2) Does not accurately and completely set forth and describe the nature and location
of all injuries sustained by the employee.
(b) The petition shall be served in the same manner as is provided for in chapters 29
— 38 of this title for all other petitions.
(c) The workers’ compensation court shall hear any and all petitions and make its decision
in accordance with those chapters.
Notes of Decisions
O'NEIL v. M & F Worsted Mills, Inc., 218 A.2d 666 (R.I. 1966).
· cites it 9× “1956, §28-35-61, the authority of the commission to grant a petition to1 amend any final decree was limited to' “any final decree entered within a period of six (6) months prior to the filing of such petition * * The pertinent portion of §28-35-61, reads as follows: “The…”
Provencher v. Glas-Kraft, Inc., 264 A.2d 916 (R.I. 1970).
· cites it 2× “Section 28-35-61 authorizes the commission to amend a final decree which misdescribes a worker’s injuries.”
Litchman v. Atl. Tubing & Rubber Co., 216 A.2d 129 (R.I. 1966).
· cites it 3× “1956, §28-35-61), to amend the consent .decree on the ground that it did not completely set forth all the injuries sustained by him and should be amended so that their nature and location would read: “Injury to the left great toe; back injury.”
Luzzi v. Imondi, 198 A.2d 671 (R.I. 1964).
· cites it 5× “1956, §28-35-61, to amend a final decree entered on October 14, 1958 by a trial commissioner on the employee’s original petition for compensation, that decree being hereinafter referred to as “original decree” and the proceedings in which entered as “original proceedings.”
Stone v. State, 510 A.2d 961 (R.I. 1986).
· cites it 2× “1956 (1979 Reenactment) § 28-35-61. The appellate commission noted that the agreement being reviewed in this case was dated January 23, 1982.”
Brooks v. Dockside Seafood, 740 A.2d 1277 (R.I. 1999).
· cites it 18× “Brooks challenges the Appellate Division’s finding that the provisions of G.L.1956 § 28-35-61 govern her petitions, and that the six-month period allowed for the amendment or the modification of decrees of the Workers’ Compensation Court bars her claim for benefits.”
Sarrasin v. Crescent Co., 241 A.2d 818 (R.I. 1968).
“1956, *72 §28-35-61, as amended, is limited to six months from the entry of the decree sought to be reviewed.”
Ponte v. Malina Co., 745 A.2d 127 (R.I. 2000).
· cites it 4× “Nor did § 28-35-61 5 apply, according to the trial judge, because that section also dealt solely with decrees.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.