§ 28-33-18.1 - Employees not entitled to compensation for total incapacity.
SECTION 28-33-18.1
§ 28-33-18.1 Employees not entitled tocompensation for total incapacity. – (a) An employee shall not be entitled to be paid compensation for totalincapacity under chapters 29 – 38 of this title for any period duringwhich the employee was gainfully employed at an average weekly wage less thanthat which he or she was earning at the time of his or her injurynotwithstanding an existing agreement or decree to the contrary. In thatinstance, an employee shall be entitled to benefits as provided in §28-33-18.
(b) In the event that an employer or insurer has made 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.