McDonnell v. Andrea Hotel, Inc., 051820 RIWC, 2014-02043

Case DateMay 18, 2020
CourtRhode Island
SEAN McDONNELL
v.
ANDREA HOTEL, INC.
W.C.C. No. 2014-02043
Rhode Island Worker Compensation
State of Rhode Island and Providence Plantations Providence
May 18, 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/employee and upon consideration thereof, the employee's appeal is denied and dismissed, and it is hereby          ORDERED, ADJUDGED, AND DECREED:          That the findings of fact and orders contained in a decree of this Court entered on August 6, 2015 be, and they hereby are, affirmed.          PER ORDER:          Nicholas DiFilippo, Administrator          Sean McDonnell          v.          Andrea Hotel, Inc.          Sean McDonnell          v.          Andrea Hotel, Inc.          Sean McDonnell          v.          Andrea Hotel, Inc.          Sean McDonnell          v.          Andrea Hotel, Inc.          Sean McDonnell          v.          Andrea Hotel, Inc.          Sean McDonnell          v.          Andrea Hotel, Inc.          Sean McDonnell          v.          Andrea Hotel, Inc.          W.C.C.          W.C.C. 2014-02043, 2014-02637, 2014-03036, 2014-03037, 2014-04446, 2014-04447, 2015-02650          DECISION OF THE APPELLATE DIVISION           OLSSON, J.          These seven (7) petitions were consolidated for hearing before one trial judge and remain consolidated on appeal. The determinative issue in all these cases is which insurer shall be held liable for the payment of weekly compensation benefits beginning September 15, 2013 as well as various medical expenses, including subsequent surgery on November 26, 2014. After a thorough review of the record and after considering the respective arguments of all parties, we affirm the decision of the trial judge, finding a recurrence of a prior work-related injury rather than an aggravation or new injury, and assessing liability to AmGuard Insurance Company (AmGuard). We therefore deny the employer's (AmGuard's) appeals and dismiss the employee's conditional appeals.          The issue which is determinative of all the petitions is whether the employee's incapacity beginning September 15, 2013 and need for subsequent surgery are due to the effects of the work-related injury on August 6, 2010 (when Beacon Mutual Insurance Company (Beacon) insured the employer), or the work-related injury on March 30, 2012 (when AmGuard insured the employer), or the alleged injury at work on September 14, 2013 (when Beacon again insured the employer).          The employee testified live before the court and a deposition of the employee taken prior to his live testimony was also admitted into evidence. The employee explained that in 2008, he began working for the employer, first as a sous chef and then was promoted to the position of head chef. The physical job duties were similar, however, the head chef position required the employee to complete paperwork and perform certain administrative tasks which afforded him some time off his feet. As a sous chef he generally worked five (5) days a week, but when he was promoted to head chef about a year later, he usually ended up working six (6) days a week. The employee asserted that he often worked a twelve (12) hour day and spent ninety-nine percent (99%) of the day on his feet constantly moving around the hot line, picking up items, cooking, prepping, and working around the stove.          The employee related that while working as a sous chef on August 6, 2010, he felt a pop in the inside of his right knee as he stood up after squatting to get a loaf of bread from under the counter where he was working. As a result of this incident, Beacon, the employer's insurer at the time, issued a Memorandum of Agreement dated August 26, 2010 which described the injury on August 6, 2010 as a right knee strain. See Ee's Ex. 9, Memorandum of Agreement dated 8/26/10. Beacon paid the employee weekly benefits for partial incapacity from August 9, 2010 through September 9, 2010, at which time the employee signed a Suspension Agreement and Receipt agreeing to stop his benefits. See Ee's Ex. 9, Suspension Agreement and Receipt dated 10/12/10.          The employee continued to experience symptoms in his knee and eventually underwent arthroscopic surgery by Dr. Randall Risinger of South County Orthopedics on March 8, 2011. Beacon again issued a Memorandum of Agreement dated March 14, 2011 and paid the employee weekly benefits for partial incapacity from March 8, 2011 through March 14, 2011 due to a recurrence of the August 6, 2010 work-related injury. See Ee's Ex. 9, Memorandum of Agreement dated 3/14/11. The employee signed a Suspension Agreement and Receipt agreeing to discontinue his weekly benefits and he returned to work for the employer. See Ee's Ex. 9, Suspension Agreement and Receipt dated 4/21/11.          On March 30, 2012, the employee felt a pop in his right knee at work while carrying something upstairs from the basement. He testified that prior to this date he had been performing his job duties for the employer as head chef without any knee complaints. He treated with Dr. Michael Bradley of South County Orthopedics but continued to work until the season was over. On November 7, 2012, Dr. Bradley performed an arthroscopy on the right knee with a three (3) compartment synovectomy and high tibial osteotomy (HTO). The employee received weekly compensation benefits for partial incapacity beginning November 10, 2012 pursuant to a Memorandum of Agreement issued by AmGuard on January 31, 2013 documenting this new injury of March 30, 2012. See Ee's Ex. 9, Memorandum of Agreement dated 1/31/13. The employee continued to treat with Dr. Bradley after the surgery and then returned to his regular job with the employer on May 28, 2013.          The employee explained that after returning to work as a head chef, his right knee felt significantly worse and he experienced a lot of pain under his right knee. His condition worsened to the point that he had difficulty...

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