ANDREA HOTEL, INC.
v.
SEAN MCDONNELL
W.C.C. No. 2017-02315
Rhode Island Worker Compensation
State of Rhode Island and Providence Plantations Providence
August 4, 2020
FINAL
DECREE OF THE APPELLATE DIVISION
This
matter came on to be heard by the Appellate Division upon the
claim of appeal of the petitioner/employer and upon
consideration thereof, the employer's appeal is denied
and dismissed, and it is hereby
ORDERED,
ADJUDGED, AND DECREED:
1. That
the findings of fact and the orders contained in a decree of
this Court entered on December 28,2017 be, and they hereby
are, affirmed.
2. That
the employer shall pay a counsel fee in the sum of One
Thousand Five Hundred and 00/100 ($1,500.00) Dollars to
Gregory L. Boyer, Esq., attorney for the employee, for the
successful defense of the employer's claim of appeal in
this matter.
PER
ORDER:
Nicholas
DiFilippo, Administrator
DECISION
OF THE APPELLATE DIVISION
OLSSON, J,
This
matter is before the Appellate Division on the employer's
claim of appeal from the decision and decree of the trial
judge denying the employer's petition to review alleging
that the employee's incapacity for work had ended. The
history of this case begins with a memorandum of agreement
documenting that the employee sustained an injury to his
right knee on March 30, 2012, resulting in partial incapacity
beginning on November 10, 2012. The employee underwent a
surgical procedure on his knee on November 7, 2012, including
a high tibial osteotomy, and then signed a suspension
agreement and receipt on May 28,2013 when he returned to work
for the same employer. Thereafter, in W.C.C. No. 2014-03036,
Chief Judge Healy entered a decree finding that the employee
suffered a return to partial incapacity beginning September
15,2013 and continuing as a result of his March 30,2012 work
injury. The employee has had several surgeries since that
date, including a revision of the high tibial osteotomy with
bone graft on November 26, 2014. He has remained out of work.
In the...
