89-3918 (1993). MATTHEW J. ZITO VS. CITY OF PROVIDENCE.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-3918 (1993). MATTHEW J. ZITO VS. CITY OF PROVIDENCE Term: January 1989 - December 1993W.C.C. 89-3918MATTHEW J. ZITO VS. CITY OF PROVIDENCESTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT DECISION OF THE APPELLATE DIVISION GILROY, J.The petitioner in this case appeals from a decree of the Trial Court1 (Pursuant to P. L. 1990, Ch. 332, the Workers' Compensation Commission was established as the Workers' Compensation Court, and commissioners as judges.) entered on November 15, 1990. The decree appealed from followed hearing on the employee's petition to adjudge the employer in contempt for failure to timely comply with a final decree of the Appellate Division, ordering benefit payments, which decree was entered on 11/16/89. This contempt proceeding was instituted by a petition filed on 12/15/89. It was heard consolidated with a companion case involving specific compensation benefits, Matthew J. Zito vs. City of Providence, W.C.C. 89-0717. The record reveals that this case was reached for hearing on 1/11/90 and trial commenced on 1/12/90. The record indicates that the weekly compensation benefits awarded to the petitioner by the 11/16/89 final decree of the Appellate Division were paid to Zito on 1/11/90, when counsel for the employer handed him a check for sixteen thousand five hundred eighty one dollars and 25/00 (16,581.25). Calendar reference indicates that this payment of weekly benefits was made some fifty-six days following the entry of the decree. The pertinent statutory provisions concerning this situation are found in Section 28-35-43. It is there provided: "Time payments due under order or decree--Penalty for delinquency.--Payment of compensation under a decision of the commission becomes due upon the effective date of the order and weekly thereafter on the same day. If any payment payable under the terms of an order or decree is not paid within fourteen (14) days after it becomes due there shall be added to such unpaid payment an amount equal to twenty (20%) percent thereof, which shall be paid at the same time as but in addition to that compensation unless the non-payment is excused by the worker's compensation commission after a showing by the employer or insurer that owing to conditions over which he had...