89-01591 (1993). COURTNEY SOARES VS. STATE OF RHODE ISLAND.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-01591 (1993). COURTNEY SOARES VS. STATE OF RHODE ISLAND Term: January 1989 - December 1993W.C.C. 89-01591COURTNEY SOARES VS. STATE OF RHODE ISLANDSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION ORDER OF THE APPELLATE DIVISION PER CURIAMThis case came before a hearing panel of this court on March 11, 1992 for oral argument pursuant to an order which had directed both parties to appear and show cause why the appeal should not be summarily disposed of. After review of the record, and hearing the arguments of counsel and examining the memoranda filed by the parties, it is apparent that this appeal warrants consideration by the full Appellate Division. Entered as an Order of the Appellate Division this day of BY ORDER: Dennis I. Revens, Administrator W.C.C. 89-1591COURTNEY SOARES VS. STATE OF RHODE ISLANDSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.This is the employee's appeal from an adverse trial court decision and decree. The matter was heard at trial on the employee's petition alleging, inter alia, that his employer, the state, has refused to pay for certain medical expenses. Following trial, the trial judge denied and dismissed this case on the grounds that the petitioner had failed to prove that the medical services in question, i.e., treatment and examination by Dr. J. Wallace Conklin, a neurologist, were necessary for his care, relief, or rehabilitation, that he had failed to prove that the charges for said treatment were reasonable, and lastly, that his petition and claim was barred by the statute of limitations. From the decree entered upon said decision, the petitioner has appealed. We sustain the appeal and reverse. There is no factual dispute, all of the evidence being documentary. Liability for the employee's injury was established by a memorandum of agreement executed by the state pursuant to which it voluntarily had agreed to be liable for workers' compensation benefits to Soares as a result of a work-related injury sustained on August 13, 1984, at the Dr. Joseph H. Ladd Center, which agreement described the "nature of injury" as "assaulted by client - muscle spasms". The medical evidence consists of an affidavit and reports and a bill of Dr. Conklin which was admitted as a full exhibit by the trial court over the objection of the employer. The medical bill shows an unpaid balance in the amount...