TITLE 28
Labor and Labor Relations
CHAPTER 28-35
Workers' Compensation Procedure
SECTION 28-35-5
§ 28-35-5 Appeals from memorandum of
agreement.
Any employer or insurer who has made payment to an injured employee or those
entitled to compensation on account of the death of an employee which payment
has been procured by fraud, coercion, or mutual mistake of fact; or any injured
employee or those entitled to compensation on account of the death of an
employee who has been aggrieved by a memorandum of agreement in that it: (1)
fails to correctly diagnose the injury; (2) fails to set out correctly all the
injuries received by the injured employee; (3) fails to set out all parts of
the body affected by injuries; fails to correctly set the rate of compensation;
or (5) in any other way is affected by error; upon petition to the court
setting forth all the additional facts, filed by the aggrieved party and served
in the same manner as is provided for in chapters 29 38 of this title,
the workers' compensation court shall hear any and all those matters and make
their decision in accordance with those chapters.
History of Section.
(P.L. 1912, ch. 831, art. 3, § 1; P.L. 1921, ch. 2095, § 6; G.L.
1923, ch. 92, art. 3, § 1; P.L. 1926, ch. 764, § 7; P.L. 1936, ch.
2290, § 9; G.L. 1938, ch. 300, art. 3, § 1; P.L. 1949, ch. 2272,
§ 1; P.L. 1954, ch. 3297, § 1; P.L. 1956, ch. 3803, § 1; G.L.
1956, § 28-35-5; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch. 507,
§ 9; P.L. 1990, ch. 332, art. 1, § 5.)
