89-8705 (1993). THE WORCESTER CO. VS. OSCAR GONZALEZ.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-8705 (1993). THE WORCESTER CO. VS. OSCAR GONZALEZ Term: January 1989 - December 1993W.C.C. 89-8705THE WORCESTER CO. VS. OSCAR GONZALEZSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.This is the employee's appeal from a trial court decree which found the employee to be no longer disabled as a result of work-related injuries, and ordered the suspension of payments of compensation. We deny the appeal and affirm the decree below. This case was before the trial court on an appeal from proceedings at the former Department of Workers' Compensation and was heard in the posture of the employer's petition to review alleging an end of incapacity. The record indicates that while the employee was receiving benefits as a result of his back injury, he was assisting his daughter in assembling a child's crib in April 1989, and while helping her 'lift something and I felt the same pang that I felt when, not as much as at work." In his decision finding an end of work-related incapacity, the trial court relied upon the expert medical opinion of Dr. Danny Humbyrd, a physician who examined the respondent on behalf of the employer. The trial judge stated: "It was indicated that he had seen Dr. Danny Humbyrd twice, March of 1989 and April of 1989. Dr. Humbyrd's affidavit was introduced. The first report of March 3, 1989 contained a diagnosis of mechanical low back pain secondary to a work injury of April 13, 1989. He stated that he had recovered satisfactorily from that injury and that he would allow him to return to work without restriction. On April 21, his examination was normal and his diagnosis remained mechanical low back pain and again he stated the respondent could return to his previous activities. The doctor related his present difficulties to an injury that he sustained at home several weeks prior to the doctor's examination. The doctor submitted a subsequent report dated May 19, 1989 which clarifies the results of his prior examinations. He stated that the disability that he found in April of 1989 was related to an injury that he sustained while assembling a crib at home, which he portrayed as a non-work related aggravation of the mechanical low back pain. He goes...