89-01332 (1993). KAREN LAUCK VS. MC DONALD'S CORP.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-01332 (1993). KAREN LAUCK VS. MC DONALD'S CORP Term: January 1989 - December 1993W.C.C. 89-01332KAREN LAUCK VS. MC DONALD'S CORP.STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION ORDER OF THE APPELLATE DIVISION PER CURIAM.This matter came before a hearing panel of this court on August 19, 1992 for oral argument pursuant to an order which directed both parties to appear and show cause why the appeal should not be summarily disposed of by the court. The attorneys waived oral argument. After review of the record, the employee's appeal from a decree denying her petition alleging that her incapacity for work had returned as of July 27, 1988 due to the effects of a work-related injury on January 4, 1978, cause has not been shown. It is well established that the employee bears the burden of proving that a nexus exists between the work injury and the alleged incapacity. The standard affidavit signed by Dr. Dellon states that the incident set forth in the history is the proximate cause of the employee's condition. However, in the operating room report of July 28, 1988, it merely states that the employee had a work-related injury ten years ago and had surgery. On the five forms that he signed, it states that the injury occurred on May 1, 1979. There is no mention at all of the...