89-3097 (1993). JIM HOWARD VS. INTERNATIONAL RESORTS, LTD.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-3097 (1993). JIM HOWARD VS. INTERNATIONAL RESORTS, LTD Term: January 1989 - December 1993W.C.C. No. 89-3097JIM HOWARD VS. INTERNATIONAL RESORTS, LTD.STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.This is the employer's appeal from a trial court decision and decree. We deny the appeal and affirm the trial court decree. This case was heard at the trial level on the employee's petition to enforce the payment provisions of an earlier decree alleging that the employer had failed to pay total incapacity benefits as well as medical expenses. There is no factual dispute, and the parties stipulated to the following facts: "On March 28, 1983, while employed by International Resorts, Ltd., the Petitioner sustained an injury to his back and neck after a fall. Shortly thereafter, on or about September 9, 1983 a claim against his employer was filed with this Commission. (W.C.C. No. 83-4431) The Respondent did not have workers compensation insurance at the time of this injury as required by Rhode Island General Laws 28-36-15. On or about March 27, 1986, while this compensation claim was pending, an action was brought in the Newport County Superior Court against Newport Ocean Resorts Limited, (hereinafter NORL) the owner of the real estate, at which the Petitioner was injured. On or about June 14, 1988, the Petitioner settled his third-party claim with the insurer for NORL for the sum of $90,000.00. From the settlement amount, the Petitioner received $58,000.00, the (attorney's) fee and expenses of the action having been deducted from the $90,000.00 settlement. The Petitioner's medical bills totalling $23,333.75 were not paid from the proceeds of the third-party settlement and remain outstanding to this date. Hearings on the Petitioner's compensation claim were conducted during 1986 and 1987, as the Respondent had denied all the allegations set forth in the petition, stating that the Petitioner was an independent contractor. On August 17, 1989, the (Workers') Compensation Commission, (Chairman Laferrier(e)) entered a finding that the Petitioner was an employee of the Respondent and that the injuries to his back and neck arose out of and in the course of his employment. He ordered the Respondent to make the following payments to the Petitioner: 1. Compensation for total incapacity from work from March 28, 1983 and continuing until modified or terminated by the Workers' Compensation Commission. 2. All reasonable medical, hospital and surgical bills in accordance with the Workers' Compensation Act. The Petitioner's average weekly wage was found to be $200.00 per week, making his compensation rate $133.33 per week. To date, no weekly total incapacity benefits have been...