Brothers v. James S. Cassedy, Inc.
| Decision Date | 16 September 1966 |
| Docket Number | No. 3287,3287 |
| Citation | 101 R.I. 307,222 A.2d 363 |
| Parties | John BROTHERS v. JAMES S. CASSEDY, INC. Eq. |
| Court | Rhode Island Supreme Court |
This is an employee's petition to review a preliminary agreement for compensation executed on December 4, 1953. Under this agreement the employee was paid compensation for total incapacity until July 18, 1954, at which time a settlement receipt was filed. The instant petition was filed on March 24, 1965, and on July 29, 1965 a trial commissioner entered a decree ordering the payment of compensation and medical expenses. From that decree the respondent appealed to the full commission, and on December 7, after hearing thereon, a decree was entered denying and dismissing the petition. From that decree of the full commission the petitioner is prosecuting his appeal to this court.
It is not disputed that payment of compensation to petitioner pursuant to this agreement ceased as of July 18, 1954 and that thereafter no payment of any kind was made until September 16, 1964. The record discloses that at that time a prior petition of the employee for a review of the agreement here under consideration was discontinued when respondent reimbursed him in the amount of $30 for the payment of medical expenses. It is clear that the latter payment for reimbursement of medical expenses, whatever might have been the legal nature thereof, was made more than ten years after the payment of compensation under the agreement had ceased.
The lapse of ten years from the time payment ceased under the agreement is significant in view of the provisions of G.L.1956, § 28-35-45. It is therein provided: '* * * at any time after the date of the entry of any decree concerning compensation, and if compensation has ceased thereunder, within ten (10) years thereafter, any agreement, award, order, finding, or decree may be from time to time reviewed by the workmen's compensation commission, upon its own motion or upon a petition of either party upon forms prescribed and furnished by the commission, after due notice to the interested parties, upon the ground that the incapacity of the injured employee has diminished, ended, increased or returned * * *.'
The petitioner concedes the running of the statutory period prior to the filing of this petition and that the commission was, therefore, without authority to review the preliminary agreement. He argues, however, that when on September 16, 1964 respondent reimbursed him for expenditures made for medical services in the aforesaid amount of $30, the jurisdiction of the commission to review the preliminary agreement was...
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Ochoa v. Union Camp Corp.
...2-year limitation in the Workers' Compensation Act, this argument also misses the mark. As we stated in Brothers v. James S. Cassedy, Inc., 101 R.I. 307, 309, 222 A.2d 363, 364 (1966), the Workers' Compensation Act "creates a liability and provides a remedy therefor that was unknown at the ......
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Cabral v. Hall
...compensation and medical benefits for an injured employee once the employer's liability therefor had terminated. Brothers v. James S. Cassedy, Inc., R.I., 222 A.2d 363, and where the maximum period for the payment of benefits prescribed by the act had elapsed. Ricci v. Hall, A literal inter......
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Silva v. Brown & Sharpe Mfg. Co.
...liability created by the act. Ochoa v. Union Camp Corp., 120 R.I. 898, 905-06, 391 A.2d 123, 127 (1978); Brothers v. James S. Cassedy, Inc., 101 R.I. 307, 309, 222 A.2d 363, 364 (1966). The question, nevertheless, is not one of jurisdiction, see Mesolella v. City of Providence, 508 A.2d 661......
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Thompson v. Coats & Clark, Inc.
...findings and order contained in the single commissioner's decree and accordingly entered a final decree, relying on Brothers v. Cassedy, Inc., 101 R.I. 307, 222 A.2d 363. In that case, the last weekly compensation payment was made July 18, 1954. On September 16, 1964, however, the employer ......