§ 28-35-8. Filing of nonprejudicial memorandum of agreement.
(a) Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but specifically designates that
agreement as "nonprejudicial� or "without prejudice�, the employer may pay weekly
compensation benefits not exceeding thirteen (13) weeks. In these cases, the employer
shall send a copy of the nonprejudicial memorandum and any amendments to it to the
employee and his or her attorney or the representative of the decedent and his or
her attorney by certified mail, return receipt requested, at the same time as it is
filed with the department in the same manner as if it we
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§ 28-35-8. Filing of nonprejudicial memorandum of agreement.
(a) Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but specifically designates that
agreement as "nonprejudicial� or "without prejudice�, the employer may pay weekly
compensation benefits not exceeding thirteen (13) weeks. In these cases, the employer
shall send a copy of the nonprejudicial memorandum and any amendments to it to the
employee and his or her attorney or the representative of the decedent and his or
her attorney by certified mail, return receipt requested, at the same time as it is
filed with the department in the same manner as if it were a memorandum of agreement.
The nonprejudicial memorandum of agreement shall contain all information as directed
by § 28-35-1. Having done so, the nonprejudicial memorandum of agreement and any action taken
pursuant to it shall be without prejudice to any party subsequently maintaining any
position as to employer liability for payments under chapters 29 — 38 of this title,
maintainable in the absence of an agreement. If at any time within or at the close
of the thirteen-week (13) period after payments of compensation have commenced the
employer or insurer terminates weekly payments to the employee or to those entitled
to payments on account of death of an employee, the employer or insurer shall notify
the employee and his or her attorney or the representative of the decedent employee
and his or her attorney within ten (10) days on a form prescribed by the department
that:
(1) Payments have terminated;
(2) The claim has not been formally accepted; and
(3) The employee has the right to file a petition, within the two-year (2) limitation
as set forth in § 28-35-57, to formally establish liability of the employer or insurer.
(b) If the employer or insurer makes payments of weekly benefits to the employee or to
those entitled to payments on account of death of an employee for more than the thirteen-week
(13) period, the payments shall constitute a conclusive admission of liability and
ongoing incapacity as to the injuries set forth in the nonprejudicial memorandum of
agreement. The employer or insurer shall within ten (10) days of making additional
payments file a memorandum of agreement pursuant to § 28-35-1.