Rhode Island § 28-33-20.1 § 28-33-20.1. Computation of earnings for recurrence — Burden of employee to establish recurrence.

Rhode Island Statutes

§ 28-33-20.1 — § 28-33-20.1. Computation of earnings for recurrence — Burden of employee to establish recurrence.

Rhode Island § 28-33-20.1

Title 28Labor and Labor Relations

Ch. 28-33Workersâ€™ Compensation â€” Benefits

This text of Rhode Island § 28-33-20.1 (§ 28-33-20.1. Computation of earnings for recurrence — Burden of employee to establish recurrence.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 28-33-20.1 (2026).

Text

§ 28-33-20.1. Computation of earnings for recurrence — Burden of employee to establish recurrence.
(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 

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§ 28-33-20.1. Computation of earnings for recurrence — Burden of employee to establish recurrence.

(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.

(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.

Legislative History

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.