89-9580 (1993). ROBERT YOUNG VS. CARDI CONSTRUCTION CO.

CourtRhode Island
Rhode Island Worker Compensation January 1989 - December 1993. 89-9580 (1993). ROBERT YOUNG VS. CARDI CONSTRUCTION CO Term: January 1989 - December 1993W.C.C. 89-9580ROBERT YOUNG VS. CARDI CONSTRUCTION CO.STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION ORDER OF THE APPELLATE DIVISION PER CURIAM.This case came before a hearing panel of this court on November 6, 1992 for oral argument pursuant to an order which had directed both parties to appear and show cause why the appeal should not be summarily disposed of. After review of the record, and examining the memoranda filed by the parties, the Court finds that the petitioner-appellant has failed to demonstrate good cause why the appeal should not be dismissed. In his reasons of appeal, the petitioner alleges error on the part of the trial judge in failing to accept the testimony of the employee's treating physicians that he had suffered a return of incapacity as a result of his work-related injury. Our review of the record, however, indicates that the employee was incapacitated as a result of a back injury which the treating physicians were unable to relate to his work-related injury to a reasonable degree of medical certainty. Consequently, the trial judge was constrained to find that the employee had failed to demonstrate a return of incapacity by a reasonable degree of medical certainty and her decision cannot be seen as error. As an additional reason of appeal, the employee alleges error on the part of the trial judge in entering an interlocutory order suspending the payment of Workers' Compensation benefit to the employee during the pendency of the trial in this matter. A review of the record, however, indicates that counsel for the employer correctly argued that the deposition necessary to conclude trial of this matter have been continued on several occasions and that at that point in the development of the evidence, there was serious doubt as to whether or not the employee's treating physicians could relate the disability to the work-related injury to a reasonable degree of medical certainty. In light of the delay which had existed in this...

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