McDonnell v. Andrea Hotel, Inc., 080320 RIWC, 2016-06756

• Case Date: August 03, 2020
• Court: Rhode Island

SEAN MCDONNELL v. ANDREA HOTEL, INC. W.C.C. No. 2016-06756 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 May 9, 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. i .          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 ordering the employer to pay for an EMG of the employee's lower right extremity conducted on October 3, 2016. On December 14, 2016, the trial judge issued a pretrial order granting the employee's request for an EMG and ordering the employer to pay for the test in accordance with the workers' compensation medical fee schedule. The employer filed a timely claim for trial. The trial judge rendered a decision finding that the request for the EMG followed the removal of hardware in the employer's knee—a surgery that had previously been determined to be the result of a recurrence of the employee's March 30, 2012 injury. Accordingly, the trial judge approved the employee's request for the EMG and found the employer to be liable for the cost of the procedure. The employer filed this timely appeal.          At trial, the parties submitted a stipulation of facts which reads as follows:

1. The employee executed a Memorandum of Agreement with

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