James Brooks and Barbara Brooks - Page 4

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          disabled due to work-related injury or sickness.  If petitioners            
          disability payments were received not under the ordinance but               
          rather pursuant to the agreement between the City and the Union,            
          respondent asserts that the agreement is not a "statute" in the             
          nature of a workmen's compensation act.                                     
               In their brief,2 petitioners make no argument that Cranston            
          City Code section 24-24, providing for disability payments to               
          uniformed members of the police department, is by itself a                  
          workers' compensation act3 or in the nature of a workers'                   
          compensation act.  They instead argue:  (a) Petitioners'                    
          disability payments were received pursuant to the collective                
          bargaining agreement between the City and the Union; (b) the                
          agreement is incorporated by reference into the City Code, and is           
          therefore a "statute" in the nature of a workers' compensation              
          act.                                                                        
          Exemption Under Section 104(a)(1)                                           
               Every item of a person's gross income is subject to Federal            
          income tax unless there is a statute or some rule of law that               
          exempts the person or the item from gross income.  HCSC-Laundry             

               2The parties were ordered to file simultaneous briefs and              
          reply briefs.  No reply brief was filed on behalf of petitioners.           

               3The Rhode Island Workers' Compensation Act is found at R.I.           
          Gen. Laws secs. 28-29-1 through 28-29-30.  The members of                   
          "regularly organized fire and police departments of any town or             
          city" are excluded from the definition of "employee" for purposes           
          of workers' compensation benefits.  R.I. Gen. Laws sec. 28-29-              
          2(4); Vector Health Sys. v. Revens, 643 A.2d 795 (R.I. 1994).               



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