§ 28-33-20.1 - Computation of earnings for recurrence – Burden of employee to establish recurrence.
SECTION 28-33-20.1
§ 28-33-20.1 Computation of earnings forrecurrence – Burden of employee to establish recurrence. – (a) In the event a person collecting benefits under this chapter, regardless ofthe date of injury, has returned to employment for a period of twenty-six (26)weeks or more and suffers a recurrence of the injury which precipitated theperson collecting benefits under this chapter, the average weekly wage shall beascertained by dividing the gross wages earned by the injured worker inemployment by the employer in whose service he or she is injured during thethirteen (13) calendar weeks immediately preceding the week in which he or shesuffered the recurrence, by the number of calendar weeks during which, or anyportion of which, the worker was actually employed by that employer. In makingthis computation, absence for seven (7) consecutive calendar days, although notin the same calendar week, shall be considered as absence for a calendar week.
(b) For all petitions filed to prove recurrence of incapacityto work, regardless of the date of injury, the employee must document that theincapacity has increased or returned without the need for the employee todocument a comparative change of condition.