American Power Conversion v. Benny's, Inc.

OPINION

FLANDERS, Justice.

This workers’ compensation case calls upon us to construe a provision of the Workers’ Compensation Act (the act), G.L. 1956 § 28-34-8, 1 concerning the liability of employers to pay for the total compensation benefits due to an employee disabled by an occupational disease. This statute requires such an employee to recover the total compensation due from “the employer who last employed the employee in the employment to the nature of which the disease was due and in which it was contracted.” Section 28-34-8. (Emphasis added.) However, it also allows this last employer,…