§ 28-29-2 - Definitions.
SECTION 28-29-2
§ 28-29-2 Definitions. – In chapters 29 – 38 of this title, unless the context otherwise requires:
(1) "Department" means the department of labor and training.
(2) "Director" means the director of labor and training orhis or her designee unless specifically stated otherwise.
(3) "Earnings capacity" means the weekly straight timeearnings which an employee could receive if the employee accepted an actualoffer of suitable alternative employment. Earnings capacity can also beestablished by the court based on evidence of ability to earn, including, butnot limited to, a determination of the degree of functional impairment and/ordisability, that an employee is capable of employment. The court may, in itsdiscretion, take into consideration the performance of the employee's duty toactively seek employment in scheduling the implementation of the reduction. Theemployer need not identify particular employment before the court can direct anearnings capacity adjustment. In the event that an employee returns to lightduty employment while partially disabled, an earnings capacity shall not be setbased upon actual wages earned until the employee has successfully worked atlight duty for a period of at least thirteen (13) weeks.
(ii) As used under the provisions of this title, "functionalimpairment" means an anatomical or functional abnormality existing after thedate of maximum medical improvement as determined by a medically orscientifically demonstrable finding and based upon the Fifth (5th) edition ofthe American Medical Association's Guide to the Evaluation of PermanentImpairment or comparable publications of the American Medical Association.
(iii) In the event that an employee returns to employment atan average weekly wage equal to the employee's pre-injury earnings exclusive ofovertime, the employee will be presumed to have regained his/her earningcapacity.
(4) "Employee" means any person who has entered into theemployment of or works under contract of service or apprenticeship with anyemployer, except that in the case of a city or town other than the city ofProvidence it shall only mean that class or those classes of employees as maybe designated by a city, town, or regional school district in a manner providedin this chapter to receive compensation under chapters 29 – 38 of thistitle. Any person employed by the state of Rhode Island, except for swornemployees of the Rhode Island State Police, or by the Rhode Island AirportCorporation who is otherwise entitled to the benefits of chapter 19 of title45 shall be subject to the provisions of chapters 29 – 38 of this titlefor all case management procedures and dispute resolution for all benefits. Theterm "employee" does not include any individual who is a shareholder ordirector in a corporation, general or limited partners in a generalpartnership, a registered limited liability partnership, a limited partnership,or partners in a registered limited liability limited partnership, or anyindividual who is a member in a limited liability company. These exclusions donot apply to shareholders, directors and members who have entered into theemployment of or who work under a contract of service or apprenticeship withina corporation or a limited liability company. The term "employee" also does notinclude a sole proprietor, independent contractor, or a person whose employmentis of a casual nature, and who is employed other than for the purpose of theemployer's trade or business, or a person whose services are voluntary or whoperforms charitable acts, nor shall it include the members of the regularlyorganized fire and police departments of any town or city; provided, however,that it shall include the members of the police and aircraft rescue andfirefighting (ARFF) units of the Rhode Island Airport Corporation. Whenever acontractor has contracted with the state, a city, town, or regional schooldistrict any person employed by that contractor in work under contract shallnot be deemed an employee of the state, city, town, or regional school districtas the case may be. Any person who on or after January 1, 1999, was an employeeand became a corporate officer shall remain an employee, for purposes of thesechapters, unless and until coverage under this act is waived pursuant tosubsection 28-29-8(b) or § 28-29-17. Any person who is appointed acorporate officer between January 1, 1999 and December 31, 2001, and was notpreviously an employee of the corporation, will not be considered an employee,for purposes of these chapters, unless that corporate officer has filed anotice pursuant to subsection 28-29-19(b). In the case of a person whoseservices are voluntary or who performs charitable acts, any benefit received,in the form of monetary remuneration or otherwise, shall be reportable to theappropriate taxation authority but shall not be deemed to be wages earned undercontract of hire for purposes of qualifying for benefits under chapters 29– 38 of this title. Any reference to an employee who had been injuredshall, where the employee is dead, include a reference to his or her dependentsas defined in this section, or to his or her legal representatives, or, wherehe or she is a minor or incompetent, to his or her conservator or guardian. A"seasonal occupation" means those occupations in which work is performed on aseasonal basis of not more than sixteen (16) weeks.
(5) "Employer" includes any person, partnership, corporation,or voluntary association, and the legal representative of a deceased employer;it includes the state, and the city of Providence. It also includes each city,town, and regional school district in the state that votes or accepts theprovisions of chapters 29 – 38 of this title in the manner provided inthis chapter.
(6) "General or special employer":
(i) "General employer" includes but is not limited totemporary help companies and employee leasing companies and means a person whofor consideration and as the regular course of its business supplies anemployee with or without vehicle to another person.
(ii) "Special employer" means a person who contracts forservices with a general employer for the use of an employee, a vehicle, or both.
(iii) Whenever there is a general employer and specialemployer wherein the general employer supplies to the special employer anemployee and the general employer pays or is obligated to pay the wages orsalaries of the supplied employee, then, notwithstanding the fact thatdirection and control is in the special employer and not the general employer,the general employer, if it is subject to the provisions of the Workers'Compensation Act or has accepted that Act, shall be deemed to be the employeras set forth in subdivision (5) of this section and both the general andspecial employer shall be the employer for purposes of §§ 28-29-17and 28-29-18.
(iv) Effective January 1, 2003, whenever a general employerenters into a contract or arrangement with a special employer to supply anemployee or employees for work, the special employer shall require an insurergenerated insurance coverage certification, on a form prescribed by thedepartment, demonstrating Rhode Island workers' compensation and employer'sliability coverage evidencing that the general employer carries workers'compensation insurance with that insurer with no indebtedness for its employeesfor the term of the contract or arrangement. In the event that the specialemployer fails to obtain and maintain at policy renewal and thereafter thisinsurer generated insurance coverage certification demonstrating Rhode Islandworkers' compensation and employer's liability coverage from the generalemployer, the special employer is deemed to be the employer pursuant to theprovisions of this section. Upon the cancellation or failure to renew, theinsurer having written the workers' compensation and employer's liabilitypolicy shall notify the certificate holders and the department of thecancellation or failure to renew and upon notice, the certificate holders shallbe deemed to be the employer for the term of the contract or arrangement unlessor until a new certification is obtained.
(7) "Injury" means and refers to personal injury to anemployee arising out of and in the course of his or her employment, connectedand referable to the employment.
(ii) An injury to an employee while voluntarily participatingin a private, group, or employer-sponsored carpool, vanpool, commuter busservice, or other rideshare program, having as its sole purpose the masstransportation of employees to and from work shall not be deemed to have arisenout of and in the course of employment. Nothing in the foregoing provisionshall be held to deny benefits under chapters 29 – 38 and chapter 47 ofthis title to employees such as drivers, mechanics, and others who receiveremuneration for their participation in the rideshare program. Provided, thatthe foregoing provision shall not bar the right of an employee to recoveragainst an employer and/or driver for tortious misconduct.
(8) "Maximum medical improvement" means a point in time whenany medically determinable physical or mental impairment as a result of injuryhas become stable and when no further treatment is reasonably expected tomaterially improve the condition. Neither the need for future medicalmaintenance nor the possibility of improvement or deterioration resulting fromthe passage of time and not from the ordinary course of the disablingcondition, nor the continuation of a pre-existing condition precludes a findingof maximum medical improvement. A finding of maximum medical improvement by theworkers' compensation court may be reviewed only where it is established thatan employee's condition has substantially deteriorated or improved.
(9) "Physician" means medical doctor, surgeon, dentist,licensed psychologist, chiropractor, osteopath, podiatrist, or optometrist, asthe case may be.
(10) "Suitable alternative employment" means employment or anactual offer of employment which the employee is physically able to perform andwill not exacerbate the employee's health condition and which bears areasonable relationship to the employee's qualifications, background,education, and training. The employee's age alone shall not be considered indetermining the suitableness of the alternative employment.
(11) "Independent contractor" means a person who has filed anotice of designation as independent contractor with the director pursuant to§ 28-29-17.1 or as otherwise found by the workers' compensation court.