WOJCIECH RUSEK
v.
WOLVERINE JOINING TECHNOLOGIES, LLC
W.C.C. No. 2017-05555
Rhode Island Worker Compensation
State of Rhode Island and Providence Plantations Providence
November 7, 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 November 6, 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
pro se appeal from a de6ree of the trial judge
granting a petition for a lump-sum settlement based upon the
judge's finding that the proposed commutation was in the
best interest of all parties. The matter came before the
Appellate Division pursuant to an order directing the parties
to appear and show cause why the issues raised in the
employee's appeal should not be summarily decided. At the
oral argument, the employer presented the appellate panel
with a motion to dismiss and a motion for costs and fees and
a memorandum in support thereof. After hearing the arguments
of the parties and examining the limited record available to
us,[1]
we are satisfied that cause has not been shown and that this
appeal may be decided at this time. For the reasons set forth
herein, we affirm the decree; and order of the trial judge
and deny the employer's motions.
We have
gleaned the following salient facts from the documents filed
in this matter. In January 2001, Wojciech Rusek (the
"employee") sustained a back injury while working
for Wolverine Joining Technologies (the
"employer"). Since that time, the parties,
primarily the employee, have contested twenty-six (26)
petitions before this Court. In January 2017, three (3),
pending petitions were assigned for mediation. During
mediation, an agreement was reached regarding a settlement of
the employee's claim. At the time, the employee was
represented by attorney Sana Asstafan ("Asstafan")
who had entered her appearance in the pending matters on June
3, 2016. Prior to Ms. Asstafan's entry, the employee was
represented by attorney Keven McKenna ("McKenna"),
who subsequently filed an attorney's lien seeking payment
of over Fifteen Thousand ($15,000.00) Dollars for legal work
performed on behalf of the employee in the pending petitions.
On
September 27, 2017, Asstafan and McKenna signed a stipulation
stating that McKenna agreed to accept a reduced fee of Five
Thousand ($5,000.00) Dollars in satisfaction of his
attorney's lien. On September 28, 2017, a Petition for
Settlement (W.C.C. No. 2017-05555), signed by the employee in
the presence of a notary public, was filed with the court.
This petition sets forth a proposed settlement totaling Two
Hundred Eighty Thousand ($280,000.00) Dollars. From this
settlement total, Sixty-three Thousand Six Hundred
Ninety-four ($63,694.00) Dollars was to be deducted to fund a
Medicare Set-Aside ("MSA") account. In addition, a
counsel fee of Thirty-five Thousand ($35,000.00) Dollars was
to be deducted to compensate both Asstafan and McKenna for
their legal services. The petition filed with the court
contains handwritten modifications off the type-written
document regarding the attorneys' fees. In two (2) places
the amount of the total fee is reduced from Thirty-five
Thousand ($35,000.00) Dollars to the sum of Twenty-five
Thousand ($25,000.00) Dollars. Also, the handwritten changes
indicate that the legal fee is to be divided so that Asstafan
would receive Twenty Thousand ($20,000.00) Dollars and
McKenna would receive Five Thousand ($5,000.00) Dollars.
At the
hearing regarding the settlement a document entitled
"Terms of Structured Settlement for Wojciech Rusek"
was marked as an exhibit...
