W.C.C. 06-07739. FIRE and ICE RESTAURANT VS. JACKIE SCHIAPO.

Court:Rhode Island
 
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Rhode Island Worker Compensation November 2009 - October 2010. W.C.C. 06-07739. FIRE and ICE RESTAURANT VS. JACKIE SCHIAPO FIRE and ICE RESTAURANT VS. JACKIE SCHIAPOTerm: November 2009 - October 2010 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION W.C.C. 2006-07739DECISION 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 which found that the employee's incapacity had ended. After a thorough review of the record and consideration of the issue raised by the employee on appeal, we find no error on the part of the trial judge and affirm the decision and decree. The employee had been receiving weekly benefits for partial incapacity since October 17, 2004 pursuant to a pretrial order entered in W.C.C. 2004-08222 on April 28, 2005 for a work-related injury she sustained on October 16, 2004. Ms. Schiapo was employed as a waitress for the employer and fell at work, striking her head. The pretrial order describes the injury as head and neck and seizure disorder. At the time of her testimony on March 26, 2008, Ms. Schiapo was 34 years old. She testified that since her injury she has occasionally has what she calls seizures during which she suddenly freezes and loses control of the right side of her body including her arm. She explained that these episodes occur without warning and last less than a minute, although she has fatigue and a headache afterwards. The most recent episode occurred about three (3) months prior to her testimony. The employee related that she experiences headaches almost every day and migraine headaches about three (3) to four (4) times a month. The employee asserted that she is not able to return to work as a waitress because she may experience a seizure while carrying food or beverages and drop them on someone. The employee has two (2) children, approximately aged fifteen (15) and eleven (11) years. She acknowledged that despite her physical problems, she cooks, cleans the house, and does the laundry. She stated that she occasionally drives and sometimes drives her children to school. The medical evidence presented by the parties consists of the two (2) affidavits and the records of Dr. Vladislav Zayas and the deposition with attached...

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