Employees' Retirement System of Rhode Island

The respondent, Employees' Retirement System of Rhode Island (ERSRI), sought review by a writ of certiorari of a Workers' Compensation Court (WCC) order denying its motion to dismiss an appeal by the petitioner, Sean M. O'Connell (Mr. O'Connell), of a state retirement board decision denying his request for an accidental disability pension. ERSRI argued, as it had before the WCC, that the WCC lacked subject matter jurisdiction to consider an appeal from a state employee's denial of benefits. This Court concluded that the WCC lacked subject matter jurisdiction to consider Mr. O'Connell's appeal because a state employee's entitlement to benefits is adjudicated pursuant to G.L. 1956 § 36-10-14, which does not contain a provision authorizing appeals to the WCC. Accordingly, the Supreme Court quashed the order of the WCC denying ERSRI's motion to dismiss and remanded the case with instructions that the WCC dismiss Mr. O'Connell's appeal.

These consolidated cases came before the Supreme Court on an appeal and a petition for the issuance of a writ of certiorari for review of a November 5, 2015 bench decision in Providence County Superior Court in favor of the plaintiff, John R. Grasso. The defendants, Governor Gina Raimondo, Frank Karpinski, the Employees' Retirement System of Rhode Island, and the State of Rhode Island, contended before the Supreme Court that the trial justice erred in determining that Mr. Grasso need not comply with G.L. 1956 §§ 45-21-23 and 45-21-24 in order to continue receiving his accidental disability pension because, in his view, those sections were not applicable to his pension. The Supreme Court held that Mr. Grasso was indeed required to comply with §§ 45-21-23 and 45-21-24 and, as such, could be required to undergo independent medical examinations and disclose information with respect to gainful employment as conditions of his accidental disability pension under G.L. 1956 § 45-21.2-10. Accordingly, the Supreme Court vacated the decision of the Superior Court.