89-7731 (1993). PETER CORIO VS. R.N. KOCH, INC.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-7731 (1993). PETER CORIO VS. R.N. KOCH, INC Term: January 1989 - December 1993W.C.C. No. 89-7731PETER CORIO VS. R.N. KOCH, INC.STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.The employer appealed a decision and decree of Chief Judge Arrigan which awarded the employee incapacity benefits. The appellant asserts as error that: "1. The Decision and Decree of the Trial Commissioner are against the law and the evidence because, by the Trial Commissioner's own admission, this was a classic case of 'horseplay'. 2. The Decision and Decree of the Trial Commissioner are against the law and the evidence because the deviation from duties of employment were not motivated by the work environment and were not a part and parcel of the conditions under which the employee worked. Therefore, the causal nexus between employment and injury sustained during the course of that deviation were not established." We deny the appeal and affirm the trial court decree. The trial court found that the petitioner sustained a fractured left wrist on January 5, 1988, which injury arose out of and in the course of his employment when he kicked a box, slipped and fell causing the left wrist fracture. The facts set forth in the trial court decision (which source is our only reference, as the appellant-employer has not furnished us with any of the transcript as provided in Sect. 28-35-28) indicates that he stated that at the time of his injury "he was stacking a pallet and fooling around." The trial court stated in his decision awarding benefits: "The issue before me is whether or not the injury sustained by the employee arose out of and in the course of his employment with the respondent. It is a classic case of 'horseplay'. Under the case law in Rhode Island, including Carvalho v. Decorative Fabrics, 117 R.I. 231, Lima v. Haskell, 100 R.I. 312, DeNardo v. Fairmount Foundries, R.I. , as well as Beauchesne v. London and Co., R.I. , I am of the view that the facts presented in this matter clearly make this a compensable injury." This appeal raises a mixed issue of law and fact as to whether the injuries sustained arose out of and in the course of the petitioner's employment. Branco v. Leviton...