Rhode Island General Laws

R.I. Gen. Laws § 28-37-1 (2026)

Establishment — Sources — Administration

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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(a) There is established in the department of labor and training a special account to be known as the workers’ compensation administrative account, an account within the general fund. This account, referred to as the “workers’ compensation administrative account,” shall consist of payments made to it as provided in this chapter, or penalties paid pursuant to this chapter, and of all other moneys paid into and received by the fund, of property and securities acquired by and through the use of moneys belonging to the fund, and of interest earned upon the moneys belonging to the fund. All moneys in the fund shall be mingled and undivided. The fund shall be administered by the director of labor and training or his or her designee.

(b) The purposes for which this fund shall be used are as follows:

(1) To provide funds to the Chief Judge Robert F. Arrigan rehabilitation center for suitable structures, personnel, and equipment necessary for the rendering of rehabilitative services, including, but not limited to, physical therapy, psychotherapy, and occupational therapy to injured workers coming within the purview of chapters 29 — 38 of this title;

(2) To provide funds for all expenditures of the education unit created pursuant to § 42-16.1-5 and all expenditures of the workers’ compensation fraud prevention unit created pursuant to § 42-16.1-12;

(3) To provide funds for all expenditures of the workers’ compensation court. The administrator of the fund shall on July 1 of each fiscal year transfer those funds that are reasonable and necessary to fund all expenditures of the workers’ compensation court for the fiscal year from the administrative account, to a restricted receipt account to be established in the judicial department. The administrator of the workers’ compensation court is authorized to draw funds from the restricted receipt account for all court expenditures;

(4) To provide funds to the department of labor and training for all expenditures incurred in administering its responsibilities under chapters 29 — 38 of this title;

(5) To provide funds to the department of labor and training for all expenditures incurred in investigating and processing or otherwise administering its responsibilities regarding claims for benefits or payments under § 28-35-20, § 28-37-4 [repealed], and § 28-37-8;

(6) To provide funds to the department of labor and training for the maintenance and operation of a system of data collection as provided for in § 28-37-31. The director shall be authorized to purchase and/or lease equipment necessary to effectuate the purposes of § 28-37-31;

(7) To provide funds for loans to the state compensation insurance fund as provided in §§ 27-7.2-19 and 27-7.2-20.1 [repealed];

(8) To provide funds for the payment or reimbursement of actual incremental costs of COLA increases mandated by § 28-33-17 respecting injuries occurring prior to September 1, 1990, in such amounts as the director, in his or her sole discretion, deems appropriate. These amounts may be paid out of the fund by order of the director and shall be made by order drawn on the general treasury to be charged against the fund;

(9) To provide funds to the workers’ compensation advisory council created pursuant to the provisions of § 28-29-30 for expenditures to carry out its responsibilities; and

(10) To provide funds to the department of business regulation relating to the evaluation of rate filings, reviews, and pricing procedures pursuant to the provisions of § 27-9-52.

Notes of Decisions
Cited in 16 cases, 1959–2000 · leading case: D. Corso Excavating, Inc. v. Poulin, 747 A.2d 994 (R.I. 2000).
D. Corso Excavating, Inc. v. Poulin, 747 A.2d 994 (R.I. 2000). · cites it 3× “See § 28-37-1. This petition for certiorari requires us to determine whether the General Assembly intended its 1998 repeal of § 28-37-4 to eliminate reimbursement benefits for those qualifying employers who, before the repeal, paid workers compensation to previously disabled…”
Reardon v. Hall, 247 A.2d 900 (R.I. 1968). · cites it 4× “Section 28-37-1 provides in part that “ * * * There is hereby established * * * a special fund to be known as the second injury indemnity fund which shall be available only for the purposes hereinafter set forth * * (emphasis supplied) Section 28-37-8 provides as follows: “ * *…”
Gilbane Co. v. Poulas, 576 A.2d 1195 (R.I. 1990). “1956 (1986 Reenactment) § 28-37-1. A hearing before the trial commissioner took place on November 14, 1986.”
Dunbar v. Tammelleo, 673 A.2d 1063 (R.I. 1996). · cites it 2× “llows: "Any partially incapacitated employee regardless of the date of injury, who returns to employment at weekly earnings of less than his or her pre-injury average weekly wage, and who continues to work in such employment for a period of not less than thirteen (13) weeks,…”
John J. Orr & Sons, Inc. v. Waite, 479 A.2d 721 (R.I. 1984). · cites it 2× “Section 28-37-1. Once these payments are made into the fund, therefore, they lose their identity as property of the individual carriers or employers.”
Bottiglieri v. Caldarone, 486 A.2d 1085 (R.I. 1985). · cites it 2× “1956 (1979 Reenactment) § 28-37-1. 1 The trial commissioner denied and dismissed the petitions.”
Savaria v. DiSano, 373 A.2d 820 (R.I. 1977). “1956 (1968 Reenactment) §28-37-1 et seq. seq. 2 The pertinent portion of G.”
Fontaine v. Caldarone, 412 A.2d 243 (R.I. 1980). “Since §28-37-1 gives the director the primary responsibility for administering this trust, the director-trustee has the implicit power 3 to require a physical examination before he makes a definite finding about a claimant’s eligibility. However, this right is not absolute. Just…”
Cabral v. Hall, 230 A.2d 250 (R.I. 1967). “In pertinent part it reads: *323 “In addition to any other payments authorized to be made from the fund established under §28-37-1, payments from the fund shall be made for the continuance of compensation and medical expenses at his or her prevailing rate to anj*- employee who…”
F.H. Buffington Co. v. Hanrahan, 622 A.2d 470 (R.I. 1993). “1956 (1986 Reenactment) § 28-37-1, to the director of *472 the Department of Workers’ Compensation.”
DE COSTA v. Devine, 157 A.2d 247 (R.I. 1960). “50) per week for each child, wholly or partially dependent upon the wages, earnings or salary of the employee * * * which additional compensation shall be paid out of the fund established under §28-37-1 * * An employee claiming such benefits is required by §28-37-6 to file a…”
Silva v. Devine, 155 A.2d 605 (R.I. 1959). “00) per week, which additional compensation shall be paid out of the fund established under §28-37-1; provided, however, that if the balance of said fund on May 1 in any year is less than two hundred fifty thousand dollars ($250,000), no such additional compensation shall be…”
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