89-9260 (1993). RONALD HILL VS. ROBERT E. DERECKTOR.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-9260 (1993). RONALD HILL VS. ROBERT E. DERECKTOR Term: January 1989 - December 1993W.C.C. 89-9260RONALD HILL VS. ROBERT E. DERECKTORW.C.C. 90-3092RONALD HILL VS. ROBERT E. DERECKTOR OF R.I., INC.STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF APPELLATE DIVISION GILROY, J.The above cases were tried consolidated, and consequently will be considered by us as consolidated cases. W.C.C. #89-9260 was heard at the trial level on the Employee's Claim of Appeal for trial de novo following proceedings at the Department of Workers' Compensation. Informational pleadings were filed which allege an injury on June 13, 1989, described as a right wrist carpal tunnel syndrome, caused by repeated movements of the hands and wrists, with a prayer for total disability compensation from the date of injury, together with a claim for disfigurement and loss of use to the right wrist. It was tried in the posture of an original petition. The companion case, an original petition W.C.C. # 90-3092, alleges a right wrist-carpal tunnel syndrome sustained on various unspecified dates, which also had a prayer for total disability compensation from June 13, 1989. These matters were heard together, and all evidence was consolidated and made applicable to each case. There is little if any factual dispute, the only witness being the petitioner, and Dr. David Barry, neurosurgeon, who testified on behalf of the petitioner. Pursuant to the "seamless robe" doctrine, Proulx v. The French Worsted Co. 98 R.I. 114, 199 A.2d 901, the Trial Judge also considered the record in a prior case between the parties, Ronald Hill v. Robert E. Derecktor, W.C.C. #88-8953. From the record it appears that the employee testified and described his job and duties as "first-class welder". He stated that he had sustained a work-related injury in November of 1987 and when he fell through a manhole, and also said in October of 1988 he left work for heart bypass surgery. He returned to work on March 15, 1989, at what he described as light duty, driving a shuttle bus back and forth in the company area, which was a van which had power steering, transporting people and material. It was the employee's testimony that it was his driving, and using his hands that...