89-2469 (1993). CAROL A. AQUILANTE VS. GILBANE PROPERTIES.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-2469 (1993). CAROL A. AQUILANTE VS. GILBANE PROPERTIES Term: January 1989 - December 1993W.C.C. 89-2469CAROL A. AQUILANTE VS. GILBANE PROPERTIESSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.The employee appeals from a trial court decree which ordered the respondent-employer to pay the statutory late payment penalty on a portion of a total arrearage of compensation benefits due to the employee pursuant to a decree entered on May 16, 1989. The arrearage arose as a result of the respondent's non-compliance with said decree until July 7, 1989, at which time it sent payment to the petitioner. The petitioner instituted this litigation to enforce the late payment penalty provisions of Sec. 28-35-43 on July 21, 1989. The trial court rules that the statutory penalty was applicable only to a portion of the arrearage, specifically. the net amount of compensation benefits less the amount thereof required to satisfy a Department of Human Services lien, and entered a decree to that effect. This appeal ensued. We sustain the appeal and reverse. A review of the record establishes the following: The decree appealed from provided: "1. That the petitioner has proved that due and owing to the petitioner on July 7, 1989 was an amount of six thousand seven hundred forty-two dollars and 91/100 ($6,742.91). 2. That from said amount may be properly deducted under the lien section three thousand one hundred five dollars and 54/100 ($3,105.54), making an amount due and payable to the petitioner, Aquilante, on the date in question a sum of three thousand six hundred thirty-seven dollars and 37/100 ($3,637.37). 3. That the sums in question have been paid by check dated July 7, 1989 and all that is left in this matter is attaching an appropriate penalty under 28-35-43. It is, therefore, ordered: 1. That the respondent shall forthwith pay to the petitioner the statutory penalty of twenty (20%) percent set forth in 28-35-43. 2. That said penalty shall be applied to a gross amount of three thousand six hundred thirty-seven dollars and 37/100 ($3,637.37). ***" The statutory provisions applicable to late payments of compensation benefits pursuant to a decree reads in pertinent part as...