89-8955 (1993). THE WORCESTER COMPANY VS. JOSE TORRICO-FLORES.

CourtRhode Island
Rhode Island Worker Compensation January 1989 - December 1993. 89-8955 (1993). THE WORCESTER COMPANY VS. JOSE TORRICO-FLORES Term: January 1989 - December 1993W.C.C. 89-8955THE WORCESTER COMPANY VS. JOSE TORRICO-FLORESSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.This is the employer's appeal. It was heard by the trial court on a claim of appeal from proceedings at the Department of Workers' Compensation, and was before the trial court in the posture of the employer's petition to review alleging that the employee had refused an offer of suitable alternative employment. Following trial, the trial court rendered a decision and entered a decree thereon denying this matter on the grounds that the employer had not established the preliminary fact that the employee was partially incapacitated for work and thus a candidate for the suitable alternative employment scheme. This appeal ensued. We deny the appeal and affirm the trial court decree, albeit on grounds other than as relied upon by the trial court. The record indicates, by documentary exhibits, that the respondent Flores sustained a work injury on March 2, 1987. A memorandum of agreement acknowledging liability for this injury was executed by the employer on March 24, 1987 although it does not specify what injury Flores sustained. However, medical affidavits and reports describe it as a neck and back injury. The affidavit of the employer's physician, Dr. Kenneth J. Morrissey, indicates that on October 21, 1988 he was able to perform work as a "specker." An affidavit and report of Dr. Peter Pizzarello, the employee's treating physician, during the period of October 6, 1988 to May 1, 1990, also had the employee able to perform the "specker" work and that he was partially disabled. It appears that by letter of October 28, 1988 the petitioner Worcester had offered to Flores a job as a specker as suitable alternative employment. The only witness who testified in this case was the employer's "Risk Manager", which position entails the supervision of workers' compensation cases for Worcester. Her testimony establishes that Flores was offered the suitable alternative employment position of specker on October 28, 1988. She then said that in response thereto the employee came to the...

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