89-8457 (1993). PAIGE SPINK VS. BAYBERRY COMMONS.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-8457 (1993). PAIGE SPINK VS. BAYBERRY COMMONS Term: January 1989 - December 1993W.C.C. No. 89-8457PAIGE SPINK VS. BAYBERRY COMMONSSTATE 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 8, 1992, for oral argument pursuant to an order which had directed both parties to appear and show cause why the employee's appeal 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, cause has not been shown. The employer asserts on appeal that the testimony of the petitioner was not credible and not sufficiently probative to establish that her injuries arose out of her employment. The trial judge's findings were obviously based on his acceptance of the petitioner's testimony as being credible and probative. We may not set aside credibility determinations unless we first find the trial court clearly wrong as to the credibility or overlooked or...