§ 28-35-9 - Payment of weekly benefits – Admission of entitlement to compensation – Payment of compensation without agreement.
SECTION 28-35-9
§ 28-35-9 Payment of weekly benefits– Admission of entitlement to compensation – Payment of compensationwithout agreement. – (a) For all injuries occurring from September 1, 1982 through February 28,1986, in the event that an employer or insurer makes direct payment of weeklybenefits to an employee, the employee must file a copy of the initial medicaltreatment report that he or she has received as a result of the injury with theemployer or insurer within ten (10) days of receipt by the employee or his orher attorney of the report, certified mail, return receipt requested. If theemployer or insurer continues to make payment to the employee after ten (10)days following receipt of the report by the employer or insurer, the employershall immediately after that ten (10) day period file a memorandum of agreementas set forth in § 28-35-1 and that payment shall constitute a conclusiveadmission of liability as to the injuries set forth in the report and that theemployee is entitled to compensation under chapters 29 – 38 of this title.The employer may not file a petition to suspend or reduce payments until amemorandum has been filed.
(b) In the event that an employer or insurer makes payment ofweekly benefits to an employee without filing a memorandum of agreement or anon-prejudicial memorandum of agreement with the department the payment shallconstitute a conclusive admission of liability and ongoing incapacity and thatthe employee is entitled to compensation under chapters 29 – 38 of thistitle and the employer or insurer shall not be entitled to any credit for thepayment if the employee is awarded compensation in accordance with thesechapters. The employer or insurer shall not file a petition to suspend orreduce payments until a memorandum has been filed with the department.