§ 28-35-1 - Filing of memorandum of agreement.
SECTION 28-35-1
§ 28-35-1 Filing of memorandum ofagreement. – (a) If the employer makes payments of compensation to an employee or thoseentitled to compensation on account of the death of an employee under chapters29 – 38 of this title, a memorandum of that agreement signed by theemployer or the employer's insurer shall be filed with the department whichshall immediately docket it in a book kept for that purpose.
(b) The memorandum shall include:
(1) The names of the employee, employer and insurance carrier;
(2) The date, place, nature, and location of the injury onthe employee's body;
(3) The names of the employee's other employers, if any, or astatement that there is no multiple employment, if that is the case;
(4) The rate upon which the compensation is based;
(5) Any other information required by the director; and
(6) The average weekly straight time earnings earned by theemployee for the thirteen (13) weeks prior to injury and the amount of overtimepay included in calculating the employee's average weekly wage.
(c) The employer shall send a copy of the memorandum and anyamendments to it to the employee and his or her attorney or the representativeof the decedent and its attorney either with the payment of compensation madeunder § 28-35-40 or by certified mail, return receipt requested, at thesame time as it is filed with the department.
(d) The employer shall file a memorandum pursuant to thissection within ten (10) days of the initial payment by the employer or insurer.
(e) Upon the filing of the memorandum of agreement with thedepartment, the memorandum shall be as binding on the party filing thememorandum as a preliminary determination, order, or decree.