Rule 2.34. Appeals from Determinations of the Retirement Board Pursuant to G.L. 1956 § 45-21.2-9

(A) Any appeal from a determination of the Retirement Board made pursuant to G.L. 1956 § 45-19-1 shall be heard by the Court, de novo, in accordance with the Rules of Practice of the Workers' Compensation Court and G.L. 1956 § 45-21.2-9.

(B) The party claiming an appeal shall file a notice of appeal with the Retirement Board and with the court within twenty (20) days of the entry of the Retirement Board's decision and shall serve copies of said notice of appeal upon the opposing parties. The notice of appeal shall be accompanied by a statement of claim together with the Orders and Findings adopted by the Retirement Board.

(C) When a notice of appeal is timely filed with the court, the order of the Retirement Board shall be stayed pending further action by the court.

(D) Upon receipt of the notice of appeal and statement of claim, a judge shall conduct a mandatory pretrial conference within twenty-one (21) days, pursuant to G.L. 1956 § 28-35-20. Notice of said conference shall be sent by the court to the appellant and/or attorneys of record stating the name of the judge assigned to hear the matter as well as the date, time, and location of the pretrial conference. The appellant shall serve the notice of appeal and notice of hearing upon the opposing parties in accordance with W.C.C.-R.P. 1.5.

(E) No later than seventy-two (72) hours prior to the pretrial conference all parties shall submit and exchange the medical records and reports in support of their respective positions regarding the claim.

(F) Upon receipt of a notice of appeal and prior to the pretrial conference, the municipality/agency affected by the decision of the Retirement Board may intervene as a party to the case without leave of the court. Following the pretrial conference, and only with leave of the court, the municipality/agency may intervene as a party and shall then be entitled to notice and an opportunity to be heard.

(G) Any party aggrieved by a decision or decree of the Workers' Compensation Court shall file an appeal in accordance with G.L. 1956 § 28-35-28 and Article IV of the Rules of Practice of the Workers' Compensation Court.

(H) The court shall retain jurisdiction in these matters to review its orders and decrees. Such petitions shall be filed directly with the court and shall be subject to the Rules of Practice of the Workers' Compensation Court and procedures for case management and dispute resolution as set forth in Title 28, Chapters 29 through 38.