Court:Rhode Island
Rhode Island Worker Compensation January 1989 - December 1993. 89-1059 (1993). STATE OF RHODE ISLAND VS. JEANNETTE BERNACHE Term: January 1989 - December 1993W.C.C. 89-1059STATE OF RHODE ISLAND VS. JEANNETTE BERNACHESTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT DECISION OF THE APPELLATE DIVISION GILROY, J.The respondent-employee appeals from a trial court1 decree which found that her incapacity had ended and ordered the termination of weekly benefits. We affirm the decree below. On September 12, 1974 the employee was injured and has received compensation benefits pursuant to a preliminary agreement. This litigation alleged that her incapacity had ended or diminished. Conflicting medical evidence on the incapacity issue was presented. In his decision, the trial judge reviewed that evidence and accepted the evidence that he deemed most persuasive. The medical evidence consisted of a deposition of Dr. Kenneth Morrissey, an orthopedic surgeon who examined the respondent twice on behalf of the state, 1Pursuant to P. L. 1990, Ch. 332, the Workers' Compensation Commission was established as the Workers' Compensation Court, and commissioners as judges.on February 9, 1988 and again on January 16, 1989, and depositions of Dr. Theodore Scarlatos and Dr. Edwin Madden, both orthopedic surgeons who had treated the respondent. The respondent's six (6) reasons of appeal fault the trial judge in various ways with respect to his evaluation of the medical evidence, and takes issue with the phraseology used by the trial judge in his decision. We have reviewed this record and the assertions of error of the respondent. We find the reasons of appeal to be without merit. On balance, there is an abundance of legal evidence to sustain the decision below. Assuming arguendo that the trial judge erred procedurally in categorizing certain deposition...

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