CARLOTA M. SANTIAGO
v.
BROWN UNIVERSITY IN PROVIDENCE IN THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
W.C.C. 2014-02664
Rhode Island Worker Compensation
State of Rhode Island and Providence Plantations, Providence
February 4, 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 October 20, 2016 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 appeal from the decision and decree of the
trial judge denying the employee's original petition in
which she alleged that she sustained work-related injuries to
her back, right leg, and right hip on June 8, 2012, resulting
in a period of total or partial incapacity from October 29,
2012 to November 25, 2012. After a thorough review of the
record and consideration of the arguments of both parties, we
find no error on the part of the trial judge and deny the
employee's appeal.
With
the assistance of an interpreter, Carlota M. Santiago (the
employee) testified that she worked for Brown University (the
employer) as a custodian. Her position involved stripping and
cleaning floors, buffing the floors, and washing the rugs.
She explained that on June 8, 2012, she was using the buffing
machine, but it was not working properly and would only run
for a couple of minutes and then stop. To restart the
machine, she had to reach down and press a button located on
the lower right side of the machine. When the employee
pressed the button, the machine started up and swung towards
her and hit her right foot. She said she immediately felt
pain in her right foot and right hip and reported the
incident to her supervisor. The employee testified that she
did not immediately seek medical treatment for this alleged
injury and continued to work full-time at her regular job.
She did take some time off from work from June 28,2012 until
mid-August due to some issues with a co-worker.
The
employee eventually went to Concentra Medical Center
(Concentra) at the employer's direction for complaints of
ongoing back pain since the alleged incident and because she
was limping. She explained that she stopped attending
physical therapy after she completed seven (7) sessions
because the employer stopped paying and she could not afford
the co-pay of Fifteen and 00/100 ($15.00) Dollars for each
visit. She then began treatment with Dr. David LaCharite, She
stated that the pain she felt in her lower back and right hip
became too much, so she did not work from October 29,2012
through November 25,2012. The employee returned to her
regular full-time job after the four (4) week break and has
continued to work despite ongoing back pain.
The
employee acknowledged that she saw her primary care
physician, Dr. Hugo Yamada, on June 20, 2012, twelve (12)
days after the alleged incident. She asserted that she
reported the work incident to him and the doctor told her she
needed to see the workers'...
