§ 28-35-8 - Filing of non-prejudicial memorandum of agreement.
SECTION 28-35-8
§ 28-35-8 Filing of non-prejudicialmemorandum of agreement. – (a) Notwithstanding § 28-35-1, if the employer files a memorandum ofagreement but specifically designates that agreement as a "non-prejudicial" or"without prejudice", the employer may pay weekly compensation benefits notexceeding thirteen (13) weeks. In these cases, the employer shall send a copyof the non-prejudicial memorandum and any amendments to it to the employee andhis or her attorney or the representative of the decedent and his or herattorney by certified mail, return receipt requested, at the same time as it isfiled with the department in the same manner as if it were a memorandum ofagreement. The non-prejudicial memorandum of agreement shall contain allinformation as directed by § 28-35-1. Having done so, the non-prejudicialmemorandum of agreement and any action taken pursuant to it shall be withoutprejudice to any party subsequently maintaining any position as to employerliability for payments under chapters 29 – 38 of this title, maintainablein the absence of an agreement. If at any time within or at the close of thethirteen-week period after payments of compensation have commenced the employeror insurer terminates weekly payments to the employee or to those entitled topayments on account of death of an employee, the employer or insurer shallnotify the employee and his or her attorney or the representative of thedecedent employee and his or her attorney within ten (10) days on a formprescribed by the department that:
(1) Payments have terminated;
(2) The claim has not been formally accepted; and
(3) The employee has the right to file a petition, within thetwo (2) year limitation as set forth in § 28-35-57, to formally establishliability of the employer or insurer.
(b) If the employer or insurer makes payments of weeklybenefits to the employee or to those entitled to payments on account of deathof an employee for more than the thirteen (13) week period, the payments shallconstitute a conclusive admission of liability and ongoing incapacity as to theinjuries set forth in the non-prejudicial memorandum of agreement. The employeror insurer shall within ten (10) days of making additional payments file amemorandum of agreement pursuant to § 28-35-1.