Court Rules That Multiple Benefits Awards Are Not To Be Concurrent

In a recent opinion, Susan T. Duffy v. Sandra A. Powell, in her capacity as Director, Rhode Island Department of Labor and Training, and the Board of Review, Department of Labor and Training, No. 2009-100-M.P. (AA 08-133), the Rhode Island Supreme Court ruled on the question of whether a claimant can collect a lump sum worker’s compensation award as well as receive Temporary Disability Insurance (TDI) benefits.  The result was a reversal of the lower court’s favorable decision and a remand of the case to the lower (District Court).  The supreme court cited specific language in R.I.G.L. Section 28-41-6(d) that, in summary, states thatan individual receiving TDI benefits will have any future worker’s compensation award deducted from the TDI payment(s).  The full decision can be found by clicking here: Duffy v Powell and the Board of Review, Department of Labor and Training.

WHAT THIS MEANS FOR YOU:  Only one source of compensation, TDI or Worker’s Compensation, will need to suffice if you are injured and out of work. The only exception may be if an injury or sicknesses compensated by one form of award (e.g., TDI) is separate than another (i.e., Worker’s Compensation).