Rhode Island General Laws 28-35-17.1. Assessment of costs of delay
(a) With respect to any delay or continuance of any matter or proceeding before the workers’ compensation court, the court shall have the discretion to determine whether the delay or continuance was due to action or inaction, without just cause, on the part of an employer, employee, insurance carrier, or attorney or other representative of an employer, employee, or insurance carrier.
Terms Used In Rhode Island General Laws 28-35-17.1
- Continuance: Putting off of a hearing ot trial until a later time.
- 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
- 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) Upon determination of the responsibility for any delay or continuance, the court shall have the authority to assess all direct costs or expenses incurred by any party or by the court as a result of the delay or continuance, or an appropriate penalty, including reasonable attorney’s fees, upon the responsible employer, employee, insurance carrier, or attorney or other representative. All costs, expenses, reasonable attorney’s fees, and penalties so assessed upon any delaying person or entity shall be disbursed as justice requires pursuant to the discretion of the court except attorney’s fees, which shall be paid to the attorney for the non-delaying party.
(c) The workers’ compensation court shall, pursuant to § 28-30-12, promulgate rules and regulations to enforce this section.
History of Section.
P.L. 1982, ch. 32, art. 1, § 11.