89-8555 (1993). SEARS, ROEBUCK and CO. VS. RHONDA SIMPSON.

CourtRhode Island
Rhode Island Worker Compensation January 1989 - December 1993. 89-8555 (1993). SEARS, ROEBUCK and CO. VS. RHONDA SIMPSON Term: January 1989 - December 1993W.C.C. 89-8555SEARS, ROEBUCK and CO. VS. RHONDA SIMPSONSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION HEALY, J.This matter was heard before the Appellate Division in connection with a claim of appeal filed by the employee. The case was heard before the trial judge in the nature of an employer's petition to review following an appeal from an adverse preliminary determination at the former Department of Workers' Compensation. After trial on the merits, the trial judge entered an order terminating benefits and the present appeal ensued. In the reasons of appeal, the employee questioned the standing of the employer to pursue an appeal to this court following an informal hearing and the entry of an adverse preliminary determination by the Department of Workers' Compensation. The employee argues that the provisions of R.I.G.L. 28-33-1.1 did not specifically provide for an appeal by the employer and that the employer did not, therefore, have standing to pursue the appeal to this forum. In Providence Beverage v. Allen, W.C.C. 89-7935, this court was called upon to address this precise issue. In Allen, we held that the legislation creating the Department of Workers' Compensation and mandating the procedure for informal hearings at the Department had to be construed to allow for an appeal by the employer. This court reasoned that to hold otherwise would violate the employer's due process right to a meaningful hearing at a meaningful time. In light of that reasoning, his court held that any interpretation of R.I.G.L. 28-33- 1.1 which would deprive the employer of its due process rights would work an absurd result and must be rejected. Following the release of our decision in Providence Beverage v. Allen, the appellant filed a petition for a writ of certiorari with...

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