A worker had worked for the Cumberland Highway Department in Rhode Island for 14 years when he was injured on the job. He underwent surgery for the injury and had to visit multiple doctors during his recovery. He was terminated from his job, and even after disputing the termination it was upheld because Rhode Island Workers’ Compensation laws state that a worker’s right to be reinstated may be terminated after one year.

Norman Tremblay had worked for the town of Cumberland since 2001 and at the time of his injury worked in the Cumberland Highway Department as a light equipment operator. He rolled his ankle at the bottom of stairs while working on August 5 of 2014. He had three separate doctors evaluate him and recommend surgery, and the insurer approved surgery for June 2015. Tremblay was not told he had to apply for a leave of absence, and was not told when he had to return to work or that there was a time limit on returning.

In November of 2015 he received a termination letter from his employer, which said his right to reinstatement to his job was no longer valid since it had more over a year since his injury and he was still not capable of returning to work. He had never requested a leave of absence.

In the Rhode Island Workers’ Compensation Act, chapter 33 of title 28 states that, “A worker who has sustained a compensable injury shall be reinstated by the worker’s employer to the worker’s former position of employment upon written demand for reinstatement.” It also goes on to say that the right to reinstatement can be terminated if it is one year from the date of injury and they cannot perform their duties.

The town had a collective bargaining agreement with the Cumberland Town Employees Union. Tremblay filed a grievance with the Union on November 13, 2015, saying he was terminated without just cause and wanted to be reinstated. He was denied by the town’s human resources director and then the mayor. The Union filed for arbitration on his behalf. The Arbitrator found that his grievance was valid and he was wrongfully terminated without just cause, awarding him that Cumberland reinstate him. The town filed a petition with the Rhode Island Superior Court with a motion to vacate the arbitration order. The Superior Court agreed with the town and said the grievance was not arbitrable, allowing the town to vacate that order of reinstating Tremblay. The court decided the arbitrator had exceeded their power by ruling on a claim that was not arbitrable in the first place, the Workers’ Compensation Court should have ruled on this reinstatement dispute.

Read about the case here.