89-9471 (1993). DAVID B. FONTAINE VS. BLUE CROSS and BLUE SHIELD.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-9471 (1993). DAVID B. FONTAINE VS. BLUE CROSS and BLUE SHIELD Term: January 1989 - December 1993W.C.C. 89-9471DAVID B. FONTAINE VS. BLUE CROSS and BLUE SHIELDSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION RAO, J.The matter heard at trial level was an Employee's Original Petition alleging injuries sustained on November 12, 1987 arising out of and in the course of his employment with the respondent. The petitioner, at trial, stipulated that the matter was a so-called no lost time case and prayed that the respondent pay reasonable medical benefits for the alleged work injury. The petitioner, in support of his averment presented the depositions and medical reports of his examining and treating orthopedic specialists. The petitioner did not testify nor appear at trial. The trial judge stated at the time of the admission of the deposition and reports of the treating physicians that without the petitioner's testimony the only evidence before him was hearsay. The parties rested despite the admonition of the trial judge. The medical evidence in summary regarding the existence of a nexus between the injuries diagnosed and the respondent are the extra judicial declarations of the petitioner to the physicians and incorporated into the case history. The medical experts testified in relevant part that they received the history of a neck injury sustained on November 12, 1987 during the course of the petitioner's work as a data processor for the respondent company. The petitioner stated that an overhead storage compartment cover over his work station opened up and fell on his head. It is settled that hearsay evidence received without objection of the parties is admissible and entitled to probative weight. See Leviton Mfg. Co. v. Lillibridge, 120 R.I. 283 (387 A.2d 1034) R.I. 1978; McAree v. Gerber Products, 115 R.I. 243 (342 A.2d 608) R.I. 1975. In the case at bar it appears that the Judge himself in effect objected to the hearsay statements,and ruled that they were entitled to no probative weight. We recognize that history given by a patient to a physician for the purpose of diagnosis and treatment is an exception to the hearsay rule long enunciated by the Rhode Island Supreme Court...