Rhode Island General Laws

R.I. Gen. Laws § 36-10-31 (2026)

Deduction of amounts received from workers’ compensation or as damages

✓ current as of July 2026

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Any amount paid or payable under the provisions of any workers’ compensation law exclusive of Medicare set-aside allocations, specific compensation benefits or any benefits authorized by the terms of a collective bargaining agreement or as the result of any action for damages for personal injuries against the state of Rhode Island on account of the death or disability of a member shall be offset against and payable in lieu of any benefits payable out of funds provided by the state under the provisions of this chapter on account of the death or disability of the member. If the value of the total commuted benefits under any workers’ compensation law or action is less than the present value on an actuarial basis of the benefits otherwise payable under this chapter, the value of the commuted payments shall be deducted from the present value of the benefits and the balance thereof shall be payable under the provisions of this chapter.

Notes of Decisions

Cited in 3 cases, 1994–2010 · leading case: Waterman v. Caprio, 983 A.2d 841 (R.I. 2009).

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Waterman v. Caprio, 983 A.2d 841 (R.I. 2009). · cites it 23× “First, he alleges that the defendants misapplied G.L. 1956 § 36-10-31 in conjunction with G.”

Kulawas v. Rhode Island Hosp., 994 A.2d 649 (R.I. 2010). · cites it 7× “2d at 843 , the plaintiff's retirement benefits were offset against his workers' compensation settlement as required by G.L.1956 § 36-10-31. [7] The plaintiff argued that the setoff provision was misapplied to a settlement under § 28-33-25.”

Sampson v. Employees' Ret. Bd. St. of R.I., 651 A.2d 1238 (R.I. 1994). · cites it 3× “Section 36-10-31 clearly requires that the Board offset disability payments by any amounts beneficiaries receive as workers’ compensation benefits.”

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