Herrera v. The Providence School Department, 122019 RIWC, 2016-07038

Case DateDecember 20, 2019
CourtRhode Island
MIGUEL HERRERA
v.
THE PROVIDENCE SCHOOL DEPARTMENT
W.C.C. 2016-07038
Rhode Island Worker Compensation
State of Rhode Island and Providence Plantations, Providence
December 20, 2019
          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/employee and upon consideration thereof, the employee's appeal is denied and dismissed, and it is          ORDERED, ADJUDGED, AND DECREED:          That the findings of fact and the orders contained in a decree of this Court entered on August 10, 2017 be, and they hereby are, affirmed.          PER ORDER:          Nicholas DiFilippo, Administrator          DECISION OF THE APPELLATE DIVISION           OLSSON, J.          This matter is before the Appellate Division on the employee's appeal from the trial judge's decision and decree denying the employee's allegation that he developed posttraumatic stress disorder (PTSD) in addition to sustaining right hip and right thigh, contusions on February 19, 2016, during the course of his employment. After a thorough review of the record and the trial judge's decision, we deny the employee's appeal and affirm the trial judge's decision and decree.          This matter came before the court on the employee's original petition in which he alleged that he sustained an injury to his right leg on February 19, 2016 resulting in total or partial incapacity from February 20, 2016 to March 24, 2016. At the pretrial conference on December 28, 2016, the trial judge granted the petition, finding that the employee sustained right hip and right thigh contusions on February 19, 2016 which resulted in partial disability from February 20, 2016 through March 9, 2016. The employee timely claimed a trial.          On February 27, 2017, the first day of trial, the employee moved to amend his petition to allege that he developed PTSD as a result of the work-related injury on February 19, 2016. In addition, the employee alleged that his average weekly wage was One Thousand Five Hundred Eighty-nine and 34/100 ($1,589.34) Dollars and he suffered a period of partial incapacity from February 20, 2016 to March 9, 2016, which was consistent with the pretrial order. At the hearing, the parties agreed to the terms of the amended petition but for the addition of PTSD to the description of the injury. Consequently, the only issue before the trial judge was whether the employee developed PTSD as a result of the incident at work on February 19, 2016.          Miguel Herrera (the employee) testified through an interpreter that he has been working for the Providence School Department (the employer) as a teacher since March 2004. The employee is a bilingual Spanish teacher certified for grades one (1) through six (6), and is currently teaching the fifth grade. However, the employee was teaching Spanish at the high school level in February 2016, and claimed that the students harassed, threatened, and threw objects at him. The employee testified that on February 2, 2016, while the employee was writing a behavioral report on a student for assaulting him, said student jumped on the employee, taking the employee's report and throwing it out. The employee reported the incident and testified that the incident made him nervous and stressed. Nevertheless, he continued to work.          On February 19, 2016, the principal came to the employee's class after the employee reported a student. When the employee walked over to point out the student, the student threw a chair at the employee hitting him in the abdomen, right leg, and part of his left leg. The employee filed a report and stated that he had nightmares and lost motivation to go to work.          The employee went to his primary care physician, Dr. Emilio Rodriguez-Peris, on February 24, 2016, for complaints of stress, insomnia, and physical pain from his right leg and thigh from the assault incident. Dr. Rodriguez-Peris took the employee out of work for two (2) weeks from February 24, 2016 through March 9,2016, with the employee returning to work on March 10, 2016. The employee sought treatment with Dr. Richard Anderson on one occasion in March 2016. The employee also treated with Angell Street Psychiatry, Ltd. The employee continues to treat with Dr. Rodriguez-Peris and Angell Street Psychiatry.          On cross-examination, the employee acknowledged that he began treatment at Angell Street Psychiatry on November 13, 2014. The employee agreed that he was referred for psychiatric counseling by Dr. Rodriguez-Peris because of his anxiety and depression after a work suspension and subsequent termination, which was eventually reversed after arbitration. The employee testified extensively regarding his ongoing problems with his employer; specifically, that he was falsely accused of physically grabbing the hood of a student on April 9, 2014, which led to his immediate suspension with pay. The employee was ultimately terminated in October 2014, and experienced financial difficulties while the matter proceeded to arbitration. In March 2015, an agreement was reached in which the employee's termination was reduced to a disciplinary suspension without pay from October 16, 2014 through November...

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