Court Decisions

This page lists selected workers’ compensation decisions in chronological order. Except where otherwise noted, all cases are decisions of the Appellate Division of the Rhode Island Workers’ Compensation Court.

Case Type:  Variable Partial Weekly Benefits

Technic v. Fernandes (April, 2011)

An employee who returned to work as a real estate agent while still disabled from the work related injury was entitled to continuing weekly workers' comp payments based on the difference between the employee's average weekly wage before the injury and the amount of commissions earned as an agent.  The workers' compensation payments shall be based on the amount of commission earned for the week in which each commission is paid rather than pro-rate the commission over a period of time.    Read full decision »

Case Type:  Total Disability - Odd Lot Doctrine

Larkin v. RI Blood Center (January, 2011)

Medical conditions that are not work related may not be considered in determining whether an employee meets the standard for total disability pursuant to the Odd Lot Doctrine.  Only physical limitations of the work related injury and other vocational criteria (age, education, background, abilities and training) are to be considered.   Read full decision »

Case Type:  Continuation of Benefits Beyond 312 Weeks

Rothemich v. St. Joseph Health Services (January, 2011)

In a petition for continuation of benefits beyond 312 weeks, the only factor to be considered in determining whether an employee's injury poses a material hindrance to obtaining employment is the employee's disability from the work related injury.  An employee's personal profile, including factors such as age, transferable skills, and education may not be considered.   Read full decision »

Case Type:  Injury Not a Risk of Employment

Ellis v. Verizon (November, 2010)

Employee who was assaulted at work in a random attack by a stranger was denied benefits on the basis that the attack did not "arise out of" his employment, i.e., the risk of such an attack was not a risk of his job.  The employee attempted to show that his assault occurred in a high crime area which would have supported a finding that an assault was a risk of his job; however, the court held that the evidence was insufficient to establish that he was at an increased risk of an assault.   Read full decision »

Case Type:  Psychological Injury with Pre-existing Condition

Mello v. City of Providence (February, 2010)

Employee who suffered a psychological disorder due to an assault by a co-worker was not disqualified from workers' comp benefits due to a pre-existing psychological disorder.  This case reaffirms the principle that an employer takes its employees as they are, including whatever pre-existing conditions or dispositions they may have.  Read full decision »

Case Type:  Effect of Retirement Benefits

RI Mack Sales v. Letendre (April, 2009)

Injured worker who began receiving Social Security retirement benefits was found entitled to continuing weekly workers' compensation benefits without reduction.  The case contains an excellent discussion on the effect of different types of retirement benefits on weekly workers' compensation benefits.Read full decision »

Case Type:  Suitable Alternative Employment/Termination of Benefits

Mumma v. Cumberland Farms, Inc. (RI Supreme Court, March, 2009)

Supreme Court ruled that an employer is not obligated to provide an employee who returned to work at suitable alternative employment with the rights, benefits, and protections of suitable alternative employment after the employee has received benefits for 312 weeks of partial disability.      Read full decision »

Case Type:  Employee/Independent Contractor

Notarangelo v. Cullen Enterprises (May, 2008)

Injured worker was found to be ineligible for workers' compensation benefits based on the trial judge's decision that he was working as an independent contractor for the employer, not as an employee.  The Appellate Division, in upholding the decision, discussed all of the circumstances that are relevant to determining whether an injured worker is an employee or an independent contractor. Read full decision »

Case Type:  Going and Coming Rule

Nancy Almeida v. Blackstone Valley Advocacy (January, 2008)

Benefits were denied to an employee who was injured in a car accident on her way to work.  The employee was "on call" during a weekend when she was not regularly scheduled to work.  Being "on call" required her to respond to all pages on her beeper and cover any shifts as necessary.  While "on call", she received a call to cover a shift at work.  The employee was involved in a car accident while en route to work in response to the call.  The court denied benefits based on the "going and coming rule" which generally precludes compensation to employees who are injured in the course of a commute to work.  The case includes a dissenting opinion from a judge who would have granted benefits based on a "special errand" exception to the rule. Read full decision »

Case Type:  Idiopathic Fall 

Patricia A. Ward v. K-Mart (May, 2007)

Court denied benefits to an employee who fell at work and fractured her ankle.  The court ruled that her fall was "idiopathic" meaning that it was caused by her own personal physical condition and was not related to any condition of employment even though it occurred at work. Read full decision »

Case Type:  Maximum Medical Improvement (MMI)

City of Pawtucket v. Michael Pimental (March, 2007)

Court ruled that the employee had reached maximum medical improvement (MMI) even though surgery had been recommended by his doctor.  The Court ruled that there was no further treatment that would improve the employee's condition because he had refused to have the surgery and was therefore at MMI.  Benefits were also reduced to 70% of the regular compensation rate because the employee was at MMI and had made no effort to find a job. Read full decision »

Case Type: Aggravation of Pre-existing condition

Winifred Wood v. Aramark Food Services (January, 2007)

Benefits awarded for aggravation of pre-existing neck condition where employee had complaints of neck pain before work injury.  The Court ruled that the injury at work aggravated pre-existing osteoarthritis in the neck and resulted in the need for surgery.  Read full decision »

Case Type:  Continuation of Benefits

Josefina Donahue v. Ross Simons (May, 2006)

Court denied continuation of benefits beyond six years of partial disability payments.  The injured worker had a back injury with limitations of no lifting over ten pounds, no repeated bending or twisting and no sitting for more than thirty minutes at a time.  She had been looking for work with no success.  Court heard testimony from three vocational counselors with differing opinions as to the injured worker's ability to find suitable employment.  Court relied on the vocational counselor who testified that there were a significant number of jobs available in the community that the injured worker could do and that she had the ability to compete for those jobs with a legitimate opportunity to be hired. Read full decision »

Case Type: Psychological Injury

Artecia Price v. Bess Eaton (January, 2006)

Benefits awarded for a psychological injury where the mental disorder (post-traumatic stress disorder) was caused or accompanied by a physical injury (neck injury caused by physical assault). Although the employee had a past history of psychiatric treatment and traumatic events which may have made her more susceptible to psychological problems, the Court held that this did not preclude an award of benefits based on evidence that the assault triggered the psychological disorder. In so ruling, the Court referred to the long-standing premise that an employer takes its employees as it finds them, with whatever preexisting conditions or predispositions they may have. Read full decision »

Case Type: Continuation of Benefits

Maria Silva Cabral v. Crystal Brands (November, 2005) )

Court denied continuation of benefits beyond six years of partial disability payments. Court ruled that age, education, and training are not considered in determining whether the injured worker’s partial disability poses a material hindrance to obtaining employment; only the physical restrictions of the injured worker’s work related injury are considered in making such a determination. Read full decision »

Case Type: Odd Lot Statute

Azadouhi Torossian v. Quality Cleaners (October, 2005)

Injured worker who was partially disabled due to physical effects of injury was awarded total disability benefits pursuant to odd lot statute based on evidence that she is unemployable due to her injury combined with her age, limited education, past work and lack of transferable skills, and difficulty communicating in English. Read full decision »

Case Type: Reinstatement to Employment

Elizabeth Norton v. Browne & Sharpe, Mfg. (October, 2005) )

Court denied reinstatement based on evidence that injured workers’ position was no longer available and there was no other vacant position that was available and suitable. Read full decision »

Case Type: Fraud

Marriott c/o Providence Schools v. Carmelo D’Anzi (September, 2005)

Injured worker was observed performing tasks at private club while under surveillance by private investigators. Court dismissed allegation of fraud where there was no evidence of wages earned by injured worker and no evidence that injured worker intended to defraud court or intentionally misrepresent his condition. Read full decision »

Case Type: Maximum Medical Improvement/End of Disability

GTech Corporation v. Michelle A. Pizzitola (June, 2005)

To prove an end of disability after an injured worker has been found to be at maximum medical improvement, an employer/insurance company must prove that the injured workers’ condition has “substantially improved” since the date of the MMI finding. This requires medical testimony comparing the injured workers’ condition at the time of the MMI finding to his/her present condition. Read full decision »

Case Type: Hepatitis

Raphael Carter v. The Housing Authority of the City of Cranston (May, 2005)

Injured worker was changing a trash container when he was stuck by a needle used to administer medicine that was in the trash bag. He was diagnosed with Hepatitis C three years later. Benefits were awarded based on medical evidence that the disease was caused by the needlestick three years earlier. Read full decision »

Case Type: Suitable Alternative Employment

Brown University v. Manual Santos (March, 2005)

Benefits were reduced for injured worker who accepted offer of suitable alternative employment but stopped working four months later. Court found that injured worker did not have valid grounds for leaving the job in light of evidence that there was no change in his condition from the date when he first began the job and his doctor never said that he was physically incapable of continuing to work. Read full decision »

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