89-8518 (1993). DESCON CONSTRUCTION VS. VIRGINIO ALVES.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-8518 (1993). DESCON CONSTRUCTION VS. VIRGINIO ALVES Term: January 1989 - December 1993W.C.C. 89-8518DESCON CONSTRUCTION VS. VIRGINIO ALVESSTATE 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 employee's appeal should not be summarily disposed of. After review of the record and examining the memoranda filed by the parties, the appeal of the employee alleging that the trial court misapplied and misconceived the medical evidence and further that the trial court erred in considering medical evidence that pre-dated the latest memorandum, is without merit. The trial court was confronted with legally competent medical evidence which was in conflict on the incapacity issue and opted to accept that of the employer's experts as the most probative. Such evaluation is within his province in cases standing in this posture, Parenteau v. Zimmerman Engineering Co, 111 R.I. 68, 299 A.2d 168 (1973) and will not be disturbed on appeal absent our finding him clearly wrong or that he overlooked or misconceived material evidence, Mulcahey v. New England Newspapers, Inc. 488 A.2d 681 (R.I. 1985). The employee's further argument on appeal that the employer's medical evidence predates the "last memorandum of agreement" which was dated September 27, 1989, and thus was irrelevant and should not have been considered by the trial judge, is likewise without merit. An original unilateral agreement which had been executed by the employer on...