§ 28-35-46 - Notice of intent to discontinue, suspend, or reduce payments – Filing – Form.
SECTION 28-35-46
§ 28-35-46 Notice of intent todiscontinue, suspend, or reduce payments – Filing – Form. – Before an employer may discontinue, suspend, or reduce compensation paymentswhether they are being received under an agreement, memorandum of agreement,award, order, finding, or decree, or when suitable alternative employment hasbeen offered to the employee pursuant to § 28-33-18.2, the employer shallnotify the court and the employee of his or her intention to discontinue,suspend, or reduce payments and the reason for doing so by filing with thejudge an affidavit setting forth the factual basis for filing the petition toreview along with a copy of the medical reports upon which the employer seeksto justify the discontinuance, suspension, or reduction in payments. A copy ofthe affidavit and medical report shall be forwarded to the employee. The noticeof intention to discontinue, suspend, or reduce payments must be given fifteen(15) days prior to the proposed date of discontinuance, suspension, orreduction; provided, that where an employee has returned to work at an averageweekly wage equal to or in excess of that which he or she was earning at thetime of his or her injury, not including overtime, the notice of intention todiscontinue, suspend, or reduce the payments provided for in this section maybe given five (5) days prior to the proposed date of discontinuance. Noticesshall be in substantially the following form:
Notice to Workers' Compensation Court and Employee
of
Intention to Discontinue, Suspend, or Reduce Payment
You are hereby notified that the undersigned employer intendson the........ day of.................... 20......, to discontinue, suspend, orreduce the payments of compensation to the above-named employee for thefollowing reasons, to wit:
(1) Employee has returned to work at an average weekly wageequal to or in excess of that which he or she was earning at the time of his orher injury, not including overtime.
(2) Employee has returned to work and is earning wages in thesum of.......... dollars weekly.
(3) Employee has been discharged by his or her treatingphysician on the...... day of.......... 20.....