92-03842 (1995). SHAWN E. DESROSIERS VS AB PALLET.

• Court: Rhode Island

Rhode Island Worker Compensation November 1994 - October 1995. 92-03842 (1995). SHAWN E. DESROSIERS VS AB PALLET Term: November 1994 - October 1995W.C.C. NO. 92-03842SHAWN E. DESROSIERS VS AB PALLETSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION HEALY, J.This matter was heard before the Appellate Division on an appeal from the employer from an amended decision and decree of the trial court which granted the employee's petition for benefits. The matter was filed with this Court as an employee's original petition alleging a work-related injury on March 18, 1992. In her decree, the trial judge found the employee had suffered a work-related injury to his right testicle and ordered the payment of compensation benefits for the resulting incapacity. From said decree, the employer filed a timely claim of appeal and filed reasons of appeal alleging the trial judge erred in finding the injury was work-related and that the employee was totally incapacitated for work. When considering an appeal of the trial judge's decision, the Appellate Division is charged with conducting, in effect, a de novo review of the record to determine whether the evidence preponderates in favor of or against the findings embodied in the decree. Pursuant to our statutory charge, we have reviewed the record in this matter and find no error on the part of the trial judge. As noted, the petition alleges a work-related injury on March 18, 1992. The petitioner testified in his own behalf. He stated that on March 18, 1992, he was performing his regular job repairing pallets. While so employed, he swung a 28-ounce hammer to remove a board. Mr. Desrosier testified that the hammer went through the board and struck him in the right testicle (Tr.9,10). The employee testified that he continued at work that day until noon but actually performed very little work. He did return to work the following day, although he was in pain (Tr.27). Mr. Desrosier testified that because of swelling, he sought treatment from Dr. Yearwood on March 23 and was referred to Landmark Medical Center. He underwent surgery the following day (Tr.14). When questioned on cross-examination as to the history he had given the doctor, the employee testified that he told the doctor that he had struck himself...