D. CORSO EXCAVATING, INC. v. POULIN

No. 98-301-M.P.

747 A.2d 994 (2000)

D. Corso Excavating, Inc., et al. v. Edna Poulin, as Director of The Second Injury Indemnity Fund, et al.

Supreme Court of Rhode Island.

March 17, 2000.


Attorney(s) appearing for the Case

Conrad M. Cutcliffe, Michael D. Lynch, Providence, Dorothy M. Linsner, Natick, MA, Jerry E. Benezra, Melrose, MA, for Plaintiff D. Corso Excavation Inc.,

Susan Pepin Fay, Providence, for Plaintiff St. Josephs Hospital.

Lauren E. Jones, Robert Smith Thurston, Providence for Defendant Lee H. Arnold.

R. Kelly Sheridan, Providence, for Defendant Centrex Distributors.

John Harnett, Providence, for Defendant Louis Mosco.

Michael A Kelly, Canton, MA, George Salem, Providence, for Defendant Cumberland Farms.

Hugo L. Ricci, Jr., Providence for Defendants Edna Poulin et al.

Rebecca Tedford Partington, Brenda A. Doyle, Providence, for Defendant State of RI.

Present WEISBERGER, C.J., LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.


OPINION

FLANDERS, Justice.

When it ended a legislative program allowing employers of previously injured employees to obtain reimbursement of certain workers' compensation payments, did the General Assembly intend for the repeal to have a retroactive effect, and, if so, is such legislation constitutional? In 1998, the General Assembly repealed G.L. 1956 § 28-37-4, entitled "Second injury payments." See P.L. 1998, ch. 105, § 5. This statute...

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