89-9272 (1993). ALBERT LAMBERT VS. CONSTRUCTION CONCEPTS, LTD.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-9272 (1993). ALBERT LAMBERT VS. CONSTRUCTION CONCEPTS, LTD Term: January 1989 - December 1993W.C.C. No. 89-9272ALBERT LAMBERT VS. CONSTRUCTION CONCEPTS, LTD.STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.The employee appeals from a trial court decision and decree which denied his claim for benefits. The case was before the trial court on a claim of appeal from proceedings at the Department of Workers' Compensation and was heard in the posture for original petition. Following hearing, the trial court denied and dismissed this case. This appeal ensued. We deny the appeal and affirm the trial court. The trial court rejected the petitioner's testimony on credibility grounds, and in turn rejected his medical evidence as lacking probative sufficient value in that it was based on a history which the trial court had ruled was suspect. In ruling against the employee's claim, the trial court stated as the rationale for his decision: "After careful review of the testimony and medical evidence presented in this case, I first note that Dr. Hart testified that he did not find the employee disabled from his job as a construction worker. He stated that if the employee could tolerate the pain from his heel spur of the right foot, then he certainly would be doing no harm to his body by continuing to work. He could not state that if the employee totally rested his pain would go away. He further testified, 'Nobody can say whether that heel spur was caused by his job.' And, as to whether the symptoms were brought on by his job, his answer was speculative when he stated: 'Certainly could have been.' Dr. Hart was never given a history of any traumatic incident. It is then noted that the employee did not see Dr. Pizzarello for the first time until after his hearing at the Department of Workers' Compensation and subsequent to the filing of his petition for workers' compensation benefits at the Workers' Compensation Court on December 7, 1989. When the employee saw Dr. Pizzarello for the first time on February 27, 1990, it is the first time that there is an indication that the employee is blaming a fall off a wall where he landed on his feet for any of his problems. In fact, Dr...