Rhode Island General Laws

R.I. Gen. Laws § 28-37-8 (2026)

Continuance of payments to totally incapacitated persons

✓ current as of July 2026
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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 any employee who subsequent to January 1, 1940, has suffered an injury resulting in his or her receiving compensation payments for total incapacity and that incapacity has continued or will continue beyond the maximum period of payment for total incapacity provided under chapters 29 — 38 of this title. The payments for continuing total incapacity shall be made from the fund until the employee’s total incapacity has ended or the employee’s claim has been settled pursuant to § 28-35-20 or until his or her death. No payment shall be made under this section to an employee whose future payments of compensation have been commuted to a lump sum. The death of the employee from any cause terminates the right to any further compensation under this section.

Notes of Decisions
Cited in 10 cases, 1959–2003 · leading case: Thomas v. Rhode Island Insurers' Insolvency Fund, 814 A.2d 335 (R.I. 2003).
Thomas v. Rhode Island Insurers' Insolvency Fund, 814 A.2d 335 (R.I. 2003). · cites it 18× “Section 28-37-8 provided that: “In addition to any other payments authorized to be made from the [WCAF] * * * payments from the [WCAF] shall be made for the continuance of compensation and medical expenses * * * to any employee who subsequent to January 1, 1940 has suffered an…”
Reardon v. Hall, 247 A.2d 900 (R.I. 1968). · cites it 5× “1956, §28-37-8. The petitioner has continued to receive weekly payments under the second injury fund.”
Bottiglieri v. Caldarone, 486 A.2d 1085 (R.I. 1985). · cites it 5× “In each case presently before us, the commission found that the employee did not satisfy the statutory requirements set forth in § 28-37-8 to qualify for benefits. Pursuant to this standard, the commission examined and weighed the evidence and concluded that the findings made by…”
Church v. Doherty, 267 A.2d 693 (R.I. 1970). · cites it 5× “1956 (1968 Reenactment) §28-37-8. The trial commissioner heard the petition and ordered the payment of benefits.”
Cabral v. Hall, 230 A.2d 250 (R.I. 1967). · cites it 3× “Thereafter, as provided for by §28-37-8, it entered into an agreement with the employee and the fund, and pursuant to that agreement it is presently being reimbursed by the fund for the benefits currently paid.”
DE COSTA v. Devine, 157 A.2d 247 (R.I. 1960). “1956, §§28-37-8 and 28-37-12. Those contentions raise questions concerning the proper construction of the statutory provisions therein cited.”
Ricci v. Hall, 226 A.2d 692 (R.I. 1967). · cites it 3× “1956, §28-37-8. The petition was heard by a trial commissioner, who thereafter entered a decree ordering payment from the said fund pursuant to the statute.”
Koshgarian v. Hawksley, 152 A.2d 214 (R.I. 1959). · cites it 4× “It appears from the record that on May 25, 1954 petitioner herein filed with the director of labor his petition for the payment of compensation for total disability from the second injury indemnity fund in accordance with the provisions of general laws 1956, §28-37-8. This…”
Romano v. Hall, 231 A.2d 5 (R.I. 1967). · cites it 3× “A decree based on the commission’s findings was entered denying and dismissing the appeal and affirming the findings of fact and orders contained in the decree of the trial commissioner.”
Koshgarian v. Am. Mut. Liab. Ins., 178 A.2d 446 (R.I. 1962). · cites it 3× “1956, §28-37-8. On May 21, 1957 the full commission entered a decree ordering that: “1.”
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