89-9414 (1993). MARGARET MARSDEN VS. MAGNUS CORPORATION.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-9414 (1993). MARGARET MARSDEN VS. MAGNUS CORPORATION Term: January 1989 - December 1993W.C.C. No. 89-9414MARGARET MARSDEN VS. MAGNUS CORPORATION d/b/a HOWARD JOHNSON'S MOTOR LODGESTATE 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 awarded compensation benefits from August 2, 1989 to October 28, 1990 as a result of a work-related neck and back injury sustained on August 2, 1989, alleging that the trial court committed procedural error in not permitting her to present rebuttal medical evidence which she avers would have established a basis for an award of benefits subsequent to October 28, 1990. We sustain the appeal and remand this matter to the trial court to hear the petitioner's rebuttal medical evidence. The record reveals that a Department of Workers Compensation Preliminary Determination Order was issued on October 30, 1989 which awarded benefits. That matter was appealed, and the trial de novo commenced on November 1, 1990. On October 15, 1990, on the eve of trial, the respondent exercised its right to have the employee, to whom it had been paying incapacity benefits for almost a year, examined by a physician so as to have medical evidence to produce at trial. Dr. A. Louis Mariorenzi, an orthopedic surgeon, examined the petitioner for the respondent and rendered a report of that examination which was to the effect that the employee had made a full recovery, and was fully capable of returning to her usual pre-injury work with no restrictions. It appears from the representations of the employee's attorney in the trial record that when he received a copy of the report of the October 15, 1990 examination, he made arrangements for an updated examination of his client by Dr. Gary A. L'Europa, a neurologist. As noted above, the trial commenced on November 1, 1990, at which time the petitioner testified and a medical deposition and affidavits and reports of Dr. Alan Perl, her treating physician, were admitted, together with a deposition of the office manager of the respondent who produced records to establish the average weekly wage element. On that date at that time the petitioner rested her...