§ 28-33-17.1 - Employees not entitled to compensation.
SECTION 28-33-17.1
§ 28-33-17.1 Employees not entitled tocompensation. – (a) An employee shall not be entitled to compensation under chapters 29 –38 of this title for any period during which the employee was gainfullyemployed or found capable of gainful employment at an average weekly wage equalto or in excess of the pre-injury average weekly wage, exclusive of overtime,which he or she was earning at the time of his or her injury, notwithstandingan existing agreement or decree to the contrary.
(b) In the event that any employer or insurer makes paymentof compensation benefits to an employee during any period during which theemployee was not entitled to be paid in accordance with subsection (a) of thissection, the employer shall be entitled to credit for any payment ofcompensation made during that period of employment against future compensationbenefits payable directly to the employee.
(c) An employee shall also not be entitled to compensationunder chapters 29 – 38 of this title for any period during which theemployee was imprisoned as a result of a conviction of a criminal offense.Where the disposition of criminal charges results in a conviction and includescredit for time-served, such that the time served becomes a period served asthe result of a conviction, the employee shall not be entitled to compensationfor that period. If payments were made to the employee for that period, priorto the disposition of the charges, the employer/insurer shall be entitled to acredit for the payments as against any future entitlement to benefits.