SEAN MCDONNELL
v.
ANDREA HOTEL, INC.
W.C.C. No. 2016-00349
Rhode Island Worker Compensation
State of Rhode Island and Providence Plantations Providence
August 3, 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 respondent/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 September 14, 2016 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.
PER
ORDER:
Nicholas
DiFihppo, 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 ordering the employer to pay for surgery to remove
hardware from the employee's right knee, as recommended
by Dr. Michael Bradley of South County Orthopedics. On March
15,2016, the trial judge issued a pretrial order approving
the employee's request to undergo surgery to his right
knee and ordering the employer to pay for the surgery. From
this adverse order, the employer filed a timely claim for
trial. The trial judge rendered a decision finding that the
surgery was reasonable and necessary to cure, relieve, and
rehabilitate the employee from the effects of his March 30,
2012 work injury and ordering the employer to pay for the
surgery. The employer subsequently filed this appeal.
At
trial, the parties submitted a stipulation of facts and
several decrees which had been entered in petitions that were
pending before the Appellate Division involving the issue of
whether the employee's current disability was a
recurrence or aggravation. The...
