§ 28-35-32 Costs – Counsel and
witness fees. –
No fee shall be charged by the clerk of any court or by the administrator of
the workers' compensation court for the performance of any service required by
this chapter, except for certified copies of decrees and copies of transcripts.
Notwithstanding any provisions of law to the contrary, the workers'
compensation court shall be allowed a filing fee of twenty dollars ($20.00) for
the filing of a petition under chapters 29 – 38 of this title, and a
filing fee of twenty-five dollars ($25.00) for the filing of an appeal under
§ 28-35-28, which sums shall be deposited to provide additional funding to
the uninsured employers fund as established by chapter 28-53. In proceedings
under this chapter, and in proceeding under chapter 37 of this title, costs
shall be awarded, including counsel fees and fees for medical and other expert
witnesses including interpreters, to employees who successfully prosecute
petitions for compensation, petitions for medical expenses, petitions to amend
a preliminary order or memorandum of agreement, and all other employee
petitions, except petitions for lump sum commutation, and to employees who
successfully defend, in whole or in part, proceedings seeking to reduce or
terminate any and all workers' compensation benefits, and to medical services
providers who successfully prosecute petitions for the payment of medical
expenses except that medical services providers shall not be paid expert
witness fees for testimony in support of petitions filed in their behalf. These
costs shall be assessed against the employer by a single judge, by an appellate
panel and by the supreme court on appeal consistent with the services rendered
before each tribunal and shall be made a part of the decree. No employee's
attorney shall accept any other or additional fees for his services for the
particular petition for which the fees are awarded in each tribunal.
(G.L. 1938, ch. 300, art. 3, § 5; P.L. 1954, ch. 3297, § 1; G.L.
1956, § 28-35-32; P.L. 1958, ch. 128, § 1; P.L. 1961, ch. 134, §
1; P.L. 1969, ch. 45, § 1; P.L. 1969, ch. 226, § 1; P.L. 1982, ch.
32, art. 1, § 10; P.L. 1992, ch. 31, § 13; P.L. 1992, ch. 133, art.
37, § 4; P.L. 1993, ch. 474, § 2; P.L. 1996, ch. 100, art. 43, §
2; P.L. 2007, ch. 509, § 4.)