Plouffe v. Taft-Peirce Mfg. Co.
| Decision Date | 29 June 1960 |
| Docket Number | TAFT-PEIRCE,No. 2793,2793 |
| Citation | 162 A.2d 557,91 R.I. 221 |
| Parties | Napoleon PLOUFFE v.MANUFACTURING COMPANY. Eq. |
| Court | Rhode Island Supreme Court |
Walter H. Sharkey, Woonsocket, for petitioner.
Worrell & Hodge, Lee A. Worrell, Providence, for respondent.
This is an employee's petition under the workmen's compensation act to adjudge the respondent in contempt for discontinuing weekly payments of $18 at the end of 700 weeks from the date of his injury. The cause is before us on the petitioner's appeal from a decree of the full commission affirming a decree of the single commissioner denying and dismissing the petition.
The facts in this case are fully set forth in an earlier opinion, Plouffe v. Taft-Peirce Mfg. Co., 80 R.I. 397, 97 A.2d 439, wherein the respondent was adjudged in contempt for its failure to continue payments to petitioner of the sum of $18 as weekly compensation for partial incapacity. That amount was ordered by a decree of the superior court entered June 14, 1946 in a prior proceeding and was the amount provided for by the law in effect at the time of the award, although $13 weekly was the amount provided for by the law in effect at the time of the injury. The respondent thereafter continued the $18 payments until July 1955, a total of 700 weeks, at which time it considered the obligation satisfied under the law as it existed at the time of the injury. In a letter to respondent's insurance carrier petitioner contended that payments were due for an additional 100 weeks under the law as it existed at the time of the award and which was adopted by the decree of the superior court. This contention was not accepted by respondent and it was in this posture that the cause was again brought before the commission on February 11, 1959 on a petition to adjudge respondent in contempt.
The trial commissioner, directing his attention solely to the claim on its merits, dismissed the petition on the authority of Capobianco v. United Wire & Supply Corp., 78 R.I. 309, 82 A.2d 170, which supports the determination against retroactive application of statutory amendments. In affirming this decision the full commission cited Vick v. Aubin, 73 R.I. 508, 58 A.2d 109, and Gomes v. John J. Orr & Son, 78 R.I. 96, 79 A.2d 618, for the express holding that an employee's compensation rights are determined by the statute as it existed at the time of the injury.
In this court petitioner in substance presses two grounds of appeal.
Based on General Laws 1956, § 28-35-46, which requires notice to the commission and the employee by an employer intending to reduce, suspend or discontinue payments, petitioner urges that the arbitrary termination of payments without first complying with this provision constitutes contempt.
The respondent views this section as applying only to continuing obligations, and contends that whether liability in this case be based upon the original or amended partial incapacity provision of the act, the obligations imposed thereunder, once met for the stated period, terminate without any necessity for a ruling by the commission. The pertinent portion of G.L.1938, chap 300, art. II, § 11, reads as follows: 'and in no case shall the period covered by such compensation be greater than 700 weeks from the date of the injury.'
This language, which has been repeated in the amendment extending the period for 800 weeks, is clear and unequivocal. It places a numerical limitation on the number of weeks in which an employee is entitled to benefits, which number being calculable from the date of the injury is subject to objective determination by the employer or the employee. It follows that by force of the provision itself any obligation imposed on an employer by virtue of this section ceases and determines upon the expiration of the stated period without regard to any action of the parties, and consequently resort to the commission for affirmative relief is not mandatory. As was done in the instant case, the employer may unilaterally determine that the statutory maximum period has expired and accordingly terminate payments. However, in doing so he must be prepared to establish this fact before the commission in the event of a contrary claim being pressed by the employee.
The petitioner next discusses the issue of which time period controls this case, and he contends that by reason of our holding in the earlier opinion the matter is no longer open to argument. While we are in accord with the authorities cited by the commission, we are constrained to agree that it acted in excess of its authority in revising and correcting an alleged error in a prior decree of the superior court. Under the decree of June 14, 1946, the superior court utilized the then existing statute as the basis for determining the amount of weekly compensation, and by reason of the employer's failure to perfect its appeal from this ruling it became the law of the case. Plouffe v. Taft-Peirce Mfg. Co., supra.
The section as amended by Public Laws 1942, chap. 1246, reads as...
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