89-0282 (1993). THOMAS C. VICK VS. CIBA-GEIGY CORP.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-0282 (1993). THOMAS C. VICK VS. CIBA-GEIGY CORP Term: January 1989 - December 1993W.C.C. 89-0282THOMAS C. VICK VS. CIBA-GEIGY CORP.STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.This is the petitioner-employee's appeal from a decision and decree of the trial court which denied and dismissed his petition for "specific compensation" resulting from a work-related fractured left wrist sustained on June 26, 1981. Following hearing the trial court found that with respect to the loss of use aspect of this matter, a "total end result" had been reached in 1984, and the disfigurement aspect of "...the left upper extremity had reached an end result in the latter part of 1981". The trial judge further found that this petition was filed by Vick on January 17, 1989, which was more than three (3) years after his cause of action under Sec. 28-33-19 accrued, and accordingly, ordered that the petition be denied and dismissed as barred under Sec. 28-35-57, the three year Workers' Compensation statute of limitations. This appeal ensued. We sustain the appeal and reverse. "Specific Compensation" benefits paid pursuant to Sec. 28-33-19 are separate and apart from loss of earnings capacity consideration and establish benefits for specific losses enumerated therein, and such benefits are "...to be considered as 'damages' for the injury or loss sustained rather than 'compensation'." Jones v. Grinnell Corp., 117 R.I. 44, 47, 362 A.2d 139, 141 (1976); Coletta v. State, 106 R.I. 764, 771, 263 A.2d 681, 685 (1970). The statute of limitations, Sec. 28-35-57, provides: "28-35-57. Limitation of claims for compensation. -- (a) An employee's claim for compensation under chapters 29-38, inclusive, of this title shall be barred unless payment of weekly compensation shall have been filed within three (3) years after the occurrence or manifestation of the injury of incapacity, or in case of the death of the employee, or in the event of his or her physical or mental incapacity, within three (3) years after the death of the employee or the removal of such physical or mental incapacity. (b) The time for filing shall not begin to run in cases of latent or undiscovered physical or mental impairment due to injury including disease until: (1) The person claiming benefits knew, or by exercise of reasonable diligence should have known, of the existence of such impairment and its causal relationship to his or her...