Moretti v. Turin, Inc.

• Decision Date: 13 March 1972
• Docket Number: No. 1893-A,1893-A
• Citation: 308 A.2d 500,112 R.I. 220
• Court: Rhode Island Supreme Court
• Parties: Paul F. MORETTI v. TURIN, INC. ppeal. . Aug. 15 1973. Abatuno & Chisholm, Vincent J. Chisholm, David H. Leach, Providence, for petitioner. Hinckley, Allen, Salisbury & Parsons, Thomas J. Hogan, Robert W. Lovegreen, Providence, for respondent. OPINION DORIS, Justice. This is an employee's petition to review a preliminary agreement alleging that the employee's incapacity for work had increased from partial to total incapacity due to injuries previously suffered during his course of employment with the respondent. At the time the petition was filed the petitioner was receiving partial disability benefits under the terms of the aforementioned preliminary agreement. The trial commissioner found in favor of the employee and granted the relief sought. Thereupon, the respondent appealed and the full commission vacated the award of the trial commissioner, and entered a decree denying and dismissing the petition. The case is before us on the petitioner's appeal from the decree of the full commission denying him total disability compensation from

Page 500

308 A.2d 500

112 R.I. 220

Paul F. MORETTI v. TURIN, INC.

No. 1893-Appeal.

Supreme Court of Rhode Island.

Aug. 15 1973.

Abatuno & Chisholm, Vincent J. Chisholm, David H. Leach, Providence, for petitioner.

Hinckley, Allen, Salisbury & Parsons, Thomas J. Hogan, Robert W. Lovegreen, Providence, for respondent.

OPINION

DORIS, Justice.

This is an employee's petition to review a preliminary agreement alleging that the employee's incapacity for work had increased from partial to total incapacity due to injuries previously suffered during his course of employment with the respondent. At the time the petition was filed the petitioner was receiving partial disability benefits under the terms of the aforementioned preliminary agreement. The trial commissioner found in favor of the employee and granted the relief sought. Thereupon, the respondent appealed and the full commission vacated the award of the trial commissioner, and entered a decree denying and dismissing the petition. The case is before us on the petitioner's appeal from the decree of the full commission denying him total disability compensation from March 13, 1972.

The record discloses that petitioner in the case at bar was employed as a tool setter by respondent, Turin, Inc., a jewelry manufacturer. On November 25, 1967, while in the course of his employment, a press hammer, upon which petitioner was working, dropped onto his hand, causing what was described in the preliminary agreement as an 'Amputation of distal phalanx middle finger, right and compound fracture distal phalanx index finger right.' Thereafter, by decree, entered on May 27, 1969, the nature and description of the injuries were amended to include 'injury to cervical area.'

The parties entered into a preliminary agreement on December 28, 1967, under which benefits were paid to petitioner for total incapacity until May 11, 1970, at which time the parties entered into a supplemental agreement providing for the payment of benefits for partial incapacity. In December 1970, petitioner returned to work for respondent but was unable to continue. The petitioner has been receiving benefits for partial incapacity since May 1970.

In his original petition dated October 4, 1971, and heard before the trial commissioner on May 30, 1972, petitioner alleged that commencing July 31, 1971, he had been totally incapacitated for work and sought benefits accordingly. When the petition was first brought before the trial commissioner, a pre-trial conference was held and as a result of that conference Dr. Edward Spindell, an orthopedic surgeon, was appointed as an impartial medical examiner. Doctor Spindell subsequently examined petitioner on December 3, 1971 and concluded that petitioner could perform work which did not require excessive reaching, pulling or pushing with his arms and that petitioner was only partially incapacitated for work.

When the hearing commenced, Dr. Spindell's report was admitted into evidence. Neither party requested that Dr. Spindell be brought in for cross-examination. In addition to this report the trial commissioner admitted into evidence the report and testimony of Dr. Thomas L. Greason, a neuropsychiatrist, said evidence being offered by petitioner. It was Dr. Greason's opinion that petitioner was totally incapacitated for work by reason of (a) an anxiety state which aggravated the petitioner's pre-existing ulcers; (b) weakness of the employee's right hand caused by the amputation of the middle and index figners; and (c) a cervical disc. It was also the opinion of Dr. Greason that these disabilities were related to petitioner's accident of November 25, 1967. In addition, the petitioner himself testified that he was and had been unable to work.

The trial commissioner adopted the testimony of Dr. Greason and concluded that petitioner, as of March 13, 1972, had a return of total incapacity, caused by and related to his injury of November 25, 1967. A decree was thereupon entered awarding total compensation in accordance with the Workmen's Compensation Act,...