89-9765 (1993). JUSTIN LANG VS. CITY OF WARWICK.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-9765 (1993). JUSTIN LANG VS. CITY OF WARWICK Term: January 1989 - December 1993W.C.C. 89-9765JUSTIN LANG VS. CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.This is the employee's appeal from a trial court decision and decree which denied his claim for benefits. The matter was before the trial court on a claim of appeal from proceedings at the former Department of Workers' Compensation and was in the posture of an original petition. Following hearing, the trial court denied the petition. This appeal ensued. We sustain the appeal and reverse. There is little, if any, factual dispute. The record established that on August 15, 1989, the petitioner was employed as an Inspector for the City of Warwick Highway Division. On that date Lang said he had been inspecting a sewer line cut on Pequot Avenue and Wardsworth Street, in Warwick, driving a city vehicle, which was furnished to him twenty-four hours a day. He said that after completing his inspection at the Pequot Avenue site, he stopped at his sister's house, which was located in that vicinity, for lunch, at around 12:00 o'clock. Lang had lunch at his sister's house and left at approximately 12:25 p.m., and said he went from there to check on a job in the Oakland Beach area. He inspected the job, and then left the site, got in his car and proceeded to return to the city yard. While driving back to the yard, Lang's automobile was struck by another automobile at 12:42 p.m. as evidenced by the Warwick Police Department report. Lang further testified that he returned to his office after the accident and reported the accident to his superior, Walter Hundley. He then went to Kent County Memorial Hospital for treatment that same day, as evidenced by the hospital record which shows that he arrived at the hospital at 3:07 p.m. that afternoon. The petitioner thereafter came under the care of Dr. David Kerzer, whose reports indicated that the petitioner sustained work-related cervical and muscle strains, as a result of which he was totally incapacitated for work from August 15, 1989 to February 4, 1990, and partially incapacitated for work from and after February 4, 1990. That medical evidence stands...