Anniversary Review

(A) If an employee has received weekly workers' compensation benefits for fifty-two (52) consecutive weeks, the employer has the right to request that the Workers' Compensation Court conduct an anniversary review pursuant to the provisions of G.L. 1956 § 28-33-46. The employer must file with the court an employer's petition to review requesting the anniversary review within fourteen (14) days of the fifty-two (52) week anniversary. (B) Upon receipt of a request for an anniversary review, the court shall refer the matter to the Medical Advisory Board for an evaluation by a comprehensive independent health care review team which shall include a vocational rehabilitation counselor. Upon receipt of the report of the comprehensive independent health care Page 15 of 35 February 2024 review team, the court shall assign the matter to a judge for pretrial conference pursuant to G.L. 1956 § 28-35-20 at which time the judge shall make findings as required by G.L. 1956 § 28-33-46. Rule 2.30. Appellate Review of Decisions by the Department of Labor and Training and the Medical Advisory Board. - (A)(1) Any party may file a petition with the court to review a decision of the Department of Labor and Training or the Medical Advisory Board within thirty (30) days of the date the decision enters. (2) The petitioner shall file with the court a copy of the decision to be reviewed, along with the petition stating their grounds for appeal. The respondent need not file a responsive pleading unless otherwise required by statute or by court order. (B) The petitioner shall provide a certified copy of the entire record of the proceeding under review to the court within thirty (30) days after the petition is filed, unless the court orders otherwise. (C) After a petition is filed, the court shall establish a schedule for the submission of briefs by the parties. (D) The Workers' Compensation Court Rules of Practice shall govern the proceedings. The court may consider evidence of procedural irregularities at the Department of Labor and Training or the Medical Advisory Board. (E) The court shall not substitute its judgment for that of the Department of Labor and Training or the Medical Advisory Board regarding the weight of the evidence on questions of fact. The court may affirm or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the petitioner have been prejudiced because the decision of the Department of Labor and Training or the Medical Advisory Board is: (1) in violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the Department of Labor and Training or the Medical Advisory Board; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence presented; or (6) arbitrary or capricious or characterized by abuse of discretion or unwarranted exercise of discretion.