- 11 - the interpretation of the provision. The title of an act may only aid interpretation by the court if there is doubt about the meaning of the text of the provision. Town of East Greenwich v. O'Neil, 617 A.2d 104, 109 (R.I. 1992). The title does not control when a court analyzes the plain meaning of a provision. Fiske v. MacGregor, Div. of Brunswick, 464 A.2d 719, 727 (R.I. 1983). We find that the plain meaning of the amendment is that for disability claims of City firefighters and police, the City ordinance applies "in lieu" of, in place of, or instead of worker's compensation benefits. That workers injured while on duty must claim benefits under the ordinance and not worker's compensation is not the critical issue here, however. That workers injured or rendered ill for reasons unrelated to their work may, on the face of the provision as written (even with the amendment), claim benefits under the ordinance is critical, and fatal to any exemption under section 104(a). See Craft v. United States, 879 F. Supp. 925, 932 (S.D. Ind. 1995)("in lieu of" language of State disability statute cannot change its nature). Conclusion Although injured while on duty as a firefighter, petitioner has failed to carry his burden of proof to show that he received disability payments under a worker's compensation statute or a statute in the nature of a worker's compensation statute. We are unable to find erroneous respondent's determination that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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