(a)  In the event a person collecting benefits under this chapter, regardless of the date of injury, has returned to employment for a period of twenty-six (26) weeks or more and suffers a recurrence of the injury that precipitated the person collecting benefits under this chapter, the average weekly wage shall be ascertained by applying the same formula of § 28-33-20 to the thirteen (13) calendar weeks immediately preceding the week in which he or she suffered the recurrence. In making this computation, absence for seven (7) consecutive calendar days, although not in the same calendar week, shall be considered as absence for a calendar week.

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Terms Used In Rhode Island General Laws 28-33-20.1

  • Employee: means any person who has entered into the employment of or works under contract of service or apprenticeship with any employer, except that in the case of a city or town other than the city of Providence it shall only mean that class or those classes of employees as may be designated by a city, town, or regional school district in a manner provided in this chapter to receive compensation under chapters 29 — 38 of this title. See Rhode Island General Laws 28-29-2
  • Injury: means and refers to personal injury to an employee arising out of and in the course of his or her employment, connected and referable to the employment. See Rhode Island General Laws 28-29-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  For all petitions filed to prove recurrence of incapacity to work, regardless of the date of injury, the employee must document that the incapacity has increased or returned without the need for the employee to document a comparative change of condition.

History of Section.
P.L. 1990, ch. 332, art. 4, § 2; P.L. 2000, ch. 109, § 34; P.L. 2021, ch. 402, § 1, effective July 14, 2021; P.L. 2021, ch. 403, § 1, effective July 14, 2021.