ZACHHOWARTH
v.
COLLARD ENTERPRISES, INC.
W.C.C. 2015-03091
Rhode Island Worker Compensation
State of Rhode Island and Providence Plantations Providence, SC
September 24, 2019
FINAL DECREE OF THE APPELLATE DIVISION
This
matter came 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 the orders contained in a decree of
this Court entered on September 30, 2016 be, and they hereby
are, affirmed.
Nicholas
DiFilippo, Administrator.
Olsson, J., Salem, J., Mimcucci, J.
DECISION
OF THE APPELLATE DIVISION
OLSSON, J.
This
matter is before the Appellate Division on the employee's
appeal from the denial of his petition to review seeking to
amend the description of his work-related injury to add
injuries to his neck and back. In a previous petition (W.C.C
No. 2015-01755), the court found that the employee had
sustained a burn injury to his right hand and forearm which
resulted in partial incapacity from October 30, 2014 through
November 20, 2014. At the pretrial conference regarding the
present matter, the employee's petition to review was
denied and the employee timely filed a claim for trial. In
his bench decision denying the employee's petition, the
trial judge concluded that the employee was not a credible
witness and rejected his physician's medical opinion
because it was based upon an incomplete and inaccurate
history. After a thorough review of the record and
consideration of the arguments put forth by the parties, we
deny and dismiss the employee's appeal.
The
employee, Zach Howarth, testified that he was a union
electrician and was sent from the union hall on October 27,
2014, to work on a job for the employer, Collard Enterprises,
Inc. His job assignment was to replace fluorescent light
fixtures with LED fixtures in the ceiling of a RDPTA bus
terminal. The employee explained that he set up a ladder,
climbed up to the ceiling, removed the ceiling tiles of the
suspended ceiling, and reached in to pull the wires out of
the fixture. Unfortunately, one of the wire connections was
live causing the employee to receive an electric shock
throughout his body. In order to break the circuit, he
intentionally stepped back off of the ladder. He stated that
he landed on the floor "on one foot and proceeded to
catch [his] balance" with his other foot. Tr. at 7:9-10.
After
taking a ten (10) to fifteen (15) minute break to gather
himself, the employee returned to work. He noticed that both
his right hand and his forearm had burn marks from the
electric shock which he covered with a Band-Aid, a wrap, and
a glove. He did not seek any medical treatment and continued
to work that day and the following day. The employee stated
that he had pain in his hand and some stiffness in his neck
and low back. On October 30, 2014, he went to Atmed Treatment
Center (Atmed) where he received treatment for the burns to
his right hand and forearm. He did not express any complaints
regarding his back and neck at this initial visit or the
three (3) subsequent follow-up visits, nor did he report
these complaints to any co-worker or to the employer.
Atmed
referred the employee to Pappas Physical Therapy (Pappas)
where he received physical therapy for his right hand and
forearm on ten (10) different occasions from October 30, 2014
to November 21, 2014. The employee asserted that he
complained of neck stiffness to one of the physical
therapists on one occasion but...
