GEORGE LEMIRE
v.
TOWN OF HOPKINTON
W.C.C. 2012-04784
Rhode Island Worker Compensation
State of Rhode Island And Providence Plantations Providence, Sc.
July 2, 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 orders contained in a decree of this
Court entered on October 29, 2013 be, and they hereby are,
affirmed.
PER
ORDER:
Nicholas
DiFilippo, Administrator
Ferrieri, C.J., Olsson, J., Salem, J.
DECISION
OF THE APPELLATE DIVISION
OLSSON, J.
This
matter is before the Appellate Division on the employee's
claim of appeal from the decision and decree of the trial
judge denying and dismissing the employee's petition to
review. The issue before the trial judge was whether the
language of Rhode Island General Laws § 28-33-44
establishes that employee contribution rates towards
employer-provided health insurance are frozen at the time of
injury, thus entitling the employee to reimbursement for the
post-injury months in which he paid a higher contribution
rate in accordance with a previously signed collective
bargaining agreement. After reviewing the pertinent statute
and case law, and considering the arguments of the respective
parties, we deny the employee's appeal.
The
parties submitted a joint statement of facts with attached
exhibits which we will summarize as follows. Appellant,
George Lemire ("employee”), is employed by the
appellee, Town of Hopkinton ("employer"), in the
Department of Public Works. On January 26,2012, the employee
sustained an injury arising out of and in the course of his
employment. Pursuant to a pretrial order entered on April
11,2012, he received weekly benefits for partial incapacity
until January 22, 2013, when he returned to work.
The
employee is a member of Local 808 of the Laborers'
International Union of North America, which entered into a
collective bargaining agreement ("CBA") with the
employer for the period effective July 1, 2011 to June 30,
2014. Pursuant to Article XVII of the CBA, the employer
provides health and dental insurance to its employees.
Article XVII, Section 2 provides:
All employees shall pay a portion of the premium for the
health and dental coverage at a rate of fifteen (15%) percent
for the fiscal year 2011-2012, seventeen (17%) percent for
the fiscal year 2012-2013, and twenty (20%) percent for the
fiscal year 2013-2014.
At the
time of his injury, the employee paid a health insurance
premium of Fifty-three and 37/100 ($53.37) Dollars per week.
By letter dated July 6, 2012, the employer informed the
employee that his new weekly health insurance premium was
Sixty-five and 04/100...
