89-8281 (1993). T. SARDELLI and SONS VS. ROSE PORRECA.

CourtRhode Island
Rhode Island Worker Compensation January 1989 - December 1993. 89-8281 (1993). T. SARDELLI and SONS VS. ROSE PORRECA Term: January 1989 - December 1993W.C.C. No. 89-8281T. SARDELLI and SONS VS. ROSE PORRECASTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION ORDER OF THE APPELLATE DIVISION PER CURIAM.This case came before a hearing panel of this court on April 13, 1992 for oral argument pursuant to an order which had directed both parties to appear and show cause why the cross appeals should not be summarily disposed of. After review of the record, and hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown. With respect to the employee's appeal, the record before the trial court on the end of incapacity issue consisted of conflicting medical evidence. The trial court reviewed all of the medical evidence and accepted as most probative that of the employer which established an end of incapacity. The court specifically found the employer's medical expert to be the most persuasive, stating that "...I chose to accept as the more credible and probative opinion that of Dr. Aaron..." This is the prerogative of the finder of fact. See Parenteau v. Zimmerman Engineering Co., 111 R.I. 68, 299...

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