260 R.I. Code R. 260-RICR-50-05-13.4

Current through December 3, 2024
Section 260-RICR-50-05-13.4 - Eligibility
A. Only insurers, who are deemed current with the Workers' Compensation Administrative Fund Assessments and have paid all assessments due, including penalties may be reimbursed from the Fund pursuant to R.I. Gen. Laws § 28-37-13(f).
B. Reimbursement will be made only for claims with injury dates prior to September 1, 1990 pursuant to R.I. Gen. Laws § 28-37-1(8). The initial claim for reimbursement must be made prior to June 30, 1996. Reimbursement requests are to be submitted on form DWC-39 prescribed by the Department of Labor and Training.
C. Liability must be established on all claims for Cost of Living Adjustment reimbursement by Memorandum of Agreement or Order of the Workers' Compensation Court. Final decision for reimbursement will be held on claims for which litigation is pending regarding the liability of the claim.
D. Once an application submitted has been approved for reimbursement continuing reimbursement requests are to be submitted on an individual claim basis on form (DWC-40) prescribed by the Department of Labor and Training. Reimbursement will not be considered until all the necessary filing requirements have been met.
E. Request for Cost of Living Adjustment reimbursement should be addressed to the Rhode Island Department of Labor and Training, Workers' Compensation Administrative Account.
F. Proof of payment must accompany all requests for reimbursement to the Fund. The Department of Labor and Training may accept a list including check date, check number, payee name, dates covered by payment, and amount of payment, signed by an authorized representative of the insurer verifying that the list is a true and accurate accounting of the payments made as proof of payment. When deemed necessary the Department of Labor and Training may require actual check copies as proof of payment.
G. Once a claim is accepted for reimbursement of the COLA benefits, continuing reimbursement requests must be submitted to the Department of Labor and Training on a semi- annual basis until the employee is no longer eligible for COLA benefits. If an insurer fails to file its requests by the deadline, stated in § 13.5(C) of this Part, with the Department of Labor and Training, those requests that are not filed within the stated deadline will be considered delinquent by the Fund.

260 R.I. Code R. 260-RICR-50-05-13.4