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Torossian v. Quality Cleaners10/31/2005
DECISION OF THE APPELLATE DIVISION
This matter came to be heard before the Appellate Division on the respondent's appeal from an adverse decision and decree entered by the trial court on December 11, 1998.
This matter originated as an employee's petition to review seeking a alleging that the employee was totally disabled pursuant to R.I.G.L. §28-38-17(b)(2). At a pretrial conference, the trial judge denied the employee's petition finding that the employee remained partially incapacitated and continued partial benefits. The employee filed a timely claim for trial. After a full hearing, the trial judge concluded that "the employee/petitioner had proven by a fair preponderance of the evidence that she is totally disabled within the meaning of R.I.G.L. §28-38-17(b)(2)." As a result, the respondent/employer was ordered to pay benefits consistent with the findings. From this decree the employer has duly claimed its right of appeal.
The underlying facts in this matter were not in dispute. The employee was a fifty-five year old native of Beirut, Lebanon, who came to the United States in 1989. She was educated through the eight grade level and has a passable command of spoken English but remains unable to fill out forms, such as employment applications. She is married with four children. Her husband is sixty-two years old and retired without a pension. Therefore, the employee's worker's compensation benefits represent the entire household income.
The employee began working for the employer, Quality Cleaner's Inc., during the summer of 1994. This was the first time in her life that she had worked for wages. The employer is a dry cleaning establishment and the employee was responsible for cleaning and pressing the shirts. Her daily routine typically consisted of sorting and tagging the shirts, placing them in the washing machine and once they were washed, she would iron them with a commercial press. In addition to these duties, the employee would use a hand iron for collars and cuffs and if needed, replace any missing buttons. Once the shirts were cleaned and pressed, she would fold and box them. In terms of weight requirements, the employee's job required her to lift bags that weighed no more than twenty (20) pounds.
Less than a year later, the employee began to have problems with numbness and tingling of the hands. Her right hand was worse than her left hand and she was eventually unable to continue working. She left work on April 20, 1995 and has yet to return. On June 2, 1995, the employee began treating with Dr. Akelman, who diagnosed the employee as suffering from bilateral carpel tunnel syndrome in both hands. Dr. Akelman opined that the employee's condition was causally related her employment and recommended corrective surgery on both hands. (Res.Ex. 5, Attachment; Pet. Ex B, Letter of 6/30/95)
In the interim, the employee made her first appearance before this Court. The employee filed W.C.C. 95-5512, an original petition for benefits. At pretrial, the trial judge found a closed period of total incapacity from April 20, 1995 to September 22, 1995 and an open period of partial incapacity from September 23, 1995 and continuing. The Court awarded benefits accordingly and this decision was not appealed. (Pet. Ex. 1) Subsequently, the employee has had two surgeries, an open carpal tunnel release on each hand, to relieve her symptoms. Both surgeries were considered successful because the employee's symptoms improved. However, Dr. Akelman would only allow the employee to return to modified light duty that did not involve frequent use of her hands. (Pet. Ex. 5) For her part, the employee reported that she continued to have problems. She could not gr
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