(a)  If an appeal is filed by an employer, benefits shall be paid to an eligible claimant until that employer’s appeal is finally determined. If the employer’s appeal is finally sustained, no further benefits shall be paid to the claimant during any remaining portion of the disqualification period. Any benefits paid or payable to that claimant shall not be recoverable unless it is established to the satisfaction of the director that the erroneous payment was the result of fraud committed by the claimant.

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Terms Used In Rhode Island General Laws 28-44-40

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Director: means the director of labor and training or his or her designee unless specifically stated otherwise. See Rhode Island General Laws 28-29-2
  • Fraud: Intentional deception resulting in injury to another.

(b)  If, beginning on or after October 1, 2013, the director establishes that an erroneous payment was made to a claimant due to fraud committed by the claimant, this shall result in a recoverable overpayment and that individual shall also be liable to pay penalties and interest required under §§ 28-42-68(a) and 28-42-68(c) for those erroneous payments.

History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1940, ch. 812, § 6; P.L. 1949, ch. 2175, § 1; P.L. 1956, ch. 3663, § 1; G.L. 1956, § 28-44-40; P.L. 1958 (s.s.), ch. 215, § 3; P.L. 2013, ch. 120, § 2; P.L. 2013, ch. 130, § 2; P.L. 2015, ch. 102, § 1; P.L. 2015, ch. 112, § 1.