89-08825 (1993). KAREN SEARS VS. ST. JOSEPH HOSPITAL.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-08825 (1993). KAREN SEARS VS. ST. JOSEPH HOSPITAL Term: January 1989 - December 1993W.C.C. 89-08825KAREN SEARS VS. ST. JOSEPH HOSPITALSTATE 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 decision and decree of the trial court. The matter was heard by the trial court on a claim of appeal from proceedings at the former Department of Workers' Compensation, and was before the trial court in the posture of an original petition. Following hearing, the trial court rendered a decision finding a failure of proof of a work-related injury. This appeal ensued. We sustain the appeal and reverse. There is little, if any, dispute as to the facts. The only witnesses testifying in this case were the petitioner and her physician, Dr. Medhat Kader, an orthopedic surgeon. Dr. Gary L'Europa, a neurologist, testified by deposition, and medical reports and affidavits of other physicians were made part of this record by affidavits. The record establishes that counsel for the respondent conceded in oral argument before the trial court that liability was not an issue, the following colloquy appearing in the record: "...First of all, initially when this case was appealed, it was on a theory that there was a deviation from the scope of employment. I didn't argue that. I am satisfied that the accident occurred in the scope of employment. JUDGE: I don't think you had much of an argument. MR. SOWA: I agree. I didn't raise the issue...." Factually, it appears that on February 27, 1989 the petitioner sustained injuries to her chest and low back when she was involved in a work-related motor vehicle accident. The petitioner testified that she was an occupational therapist aide on February 27, 1989 and she was involved in an auto accident. She was employed by St. Joseph Hospital and she was to go to different schools to perform her duties. There appears to be no question that the employee, while involved in this accident, was engaged in her job duties. The accident occurred on February 27, 1989 on Greenville Avenue in Cranston. She was going to a school to treat children. She stated that she injured her back and chest and neck. The petitioner's medical evidence was the testimony of Dr. Medhat Kader. He testified that he examined the petitioner on March 29, 1989 and received as history that the petitioner was involved in a car collision on February 27, 1989. She told him that her breast bone hit the steering wheel and...