Timothy Koback v. Municipal Employees' Retirement System of Rhode Island

Syllabus

The respondent, Municipal Employees' Retirement System of Rhode Island, sought review of a decree of the Appellate Division of the Workers' Compensation Court, awarding counsel fees and costs to the petitioner. The respondent claimed that the Workers' Compensation Court lacked specific statutory authority to award counsel fees in accidental disability retirement cases and that, if there were statutory authority to award fees, the petitioner did not submit an affidavit from a disinterested attorney to support the fee determination. The Supreme Court determined that there was nothing in the language contained in G.L. 1956 § 45-21.2-9 or in reference to G.L. 1956 § 28-35-20 that conferred to the Workers' Compensation Court statutory authority to award attorneys' fees in accidental disability retirement appeals. Accordingly, the Supreme Court quashed the decree of the Appellate Division of the Workers' Compensation Court.