95-04298 (2002). CHRISTOPHER GRINNELL VS. PASTORE LANDSCAPING.

• Court: Rhode Island

Rhode Island Worker Compensation November 2001 - October 2002. 95-04298 (2002). CHRISTOPHER GRINNELL VS. PASTORE LANDSCAPING Term: November 2001 - October 2002W.C.C. 95-04298CHRISTOPHER GRINNELL VS. PASTORE LANDSCAPINGW.C.C. 95-03527CHRISTOPHER GRINNELL VS. HAWK SUNOCO TWOSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION HEALY, J.These matters came on to be heard before the Appellate Division upon the petitioner/employee's appeals from the adverse decisions and decrees entered by the court. These two (2) matters were heard consolidated. The employee's original petition for workers' compensation benefits alleged a work-related injury on February 27, 1995 with total disability from February 27, 1995 and continuing (W.C.C. No. 95-03527). The consolidated matter is an employee's petition to review alleging a return of incapacity beginning March 6, 1995 as a result of a work-related injury suffered on November 4, 1991 (W.C.C. No. 95-04298). The documentation submitted in support of the petition reveal the following travel of misclaim. The employee had been receiving weekly workers' compensation benefits for total incapacity, pursuant to a Memorandum of Agreement, which recognized a compensable injury sustained on November 4, 1991. On August 7, 1992, a pretrial order was entered in W.C.C. No. 92-08681, modifying the employee's benefits from total to partial incapacity. Therefore, on April 12, 1994, a pretrial order was entered discontinuing benefits in W.C.C. No. 94-01622. At a pretrial conference conducted in conjunction with the present petition, the trial judge denied the employee's petition for workers' compensation benefits, deciding that the employee did not prove any work-related disability beginning February 27, 1995. The employee duly filed a claim for trial. At the end of that proceeding, the trial judge affirmed the findings made at the pretrial level and the employee filed the instant appeal. A review of the record introduced before the trial judge shows that on November 4, 1991, Christopher Grinnell (hereinafter "employee" or "Grinnell"), sustained an injury to his left great toe and his second toe on his left foot while working for his employer, Pastore Landscaping. The employee was paid workers' compensation benefits under a Memorandum of Agreement from February of 1991 until April of 1994, at which time the employee's benefits were terminated by the pretrial order entered in W.C.C. No. 94-01622. Subsequent to the termination of benefits, the employee began to work at Pep Boys, where he remained for several weeks before being laid off. Thereafter, on February 11, 1995, the employee began to work at Hawk Sunoco Two (hereinafter "Hawk Sunoco"). While employed at Hawk Sunoco, the employee complained of pain in his foot which radiated up to his knee. He also complained of swelling and discoloration in his ankle. He left this employment and filed the present petitions. On April 20, 1994, Dr. Peter G. Trafton first evaluated Grinnell for complaints of severe persisting pain in his left foot and having trouble moving his toes. In Dr. Trafton's opinion, the employee's subjective complaints were "significantly greater than his objective findings." After evaluating Grinnell, Dr. Trafton diagnosed him as having chronic pain syndrome which he initially related to his foot...