89-9129 (1993). CLEMENT LABINE, JR. VS. STATE OF R.I. DEPT OF TRANS.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-9129 (1993). CLEMENT LABINE, JR. VS. STATE OF R.I. DEPT OF TRANS Term: January 1989 - December 1993W.C.C. No. 89-9129CLEMENT LABINE, JR. VS. STATE OF RHODE ISLAND DEPARTMENT OF TRANSPORTATIONSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.This matter is before the Appellate Division on the petitioner-employee's appeal from a decree of the Trial Judge entered on September 4, 1990, which denied and dismissed the employee's claim for workers' compensation benefits. The employee alleged in this matter that he suffered a psychological injury resulting from anxiety and stress caused by his employment with the respondent, specifically, "disabling stress caused by office environment/working conditions." Following hearing, the trial court rendered a decision denying the claim and entered a decree which found that the petitioner failed to prove that he sustained a disabling stress-related injury as a result of his work environment. This appeal ensued. We deny the appeal and affirm the trial court decree. The material evidence consists of a narration by the petitioner of his working events during his employment as an "External Equal Opportunity Compliance Officer" for the state Department of Transportation. He related a sequence of events from the latter part of 1986 to May, 1989. From his testimony, his employment environment could scarcely be termed as tranquil, as it contains references to discipline actions, absenteeism complaints, and two work suspensions. Following an extensive review of the evidence, the trial court stated: "The issue in this matter is whether or not the petitioner has produced evidence to support a stress-related injury. I am constrained to state that he has not so done. Our Supreme Court in Seitz vs. L and R Industries, Inc. (Palco Products Division) 437 A.2d 1345 sets the standard that must be reached. In that case the high court said, 'It is the opinion of the court that mental injuries non-traumatically caused must have resulted from a situation of greater dimensions that the day-to-day emotional stress and tension which all employees must experience.' Only if the fortunate, fortuitous event unexpectedly and unforeseen can be said to be...