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Carter v. Housing Authority of the City of Cranston5/31/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the respondent/employer's appeal from the decision and decree of the trial judge granting the employee's original petition for workers' compensation benefits in which he alleged that he developed Hepatitis C as a result of a needlestick at work. The employer contends that the medical evidence was not sufficient to prove that the needlestick caused the infection. After careful review of the record and consideration of the arguments of the parties, we deny the employer's appeal, and affirm the decision and decree of the trial judge.
The employee testified that he had been employed as a maintenance mechanic for the Cranston Housing Authority for fifteen (15) years. His job was to service more than a hundred facilities including single family homes, high-rises, low-rises and dormitory type housing. His general maintenance duties included emptying garbage containers, fixing boilers and rehabilitating apartments when tenants moved out.
Sometime around May 1997, the employee and a co-worker were changing a trash container. When the container was pulled back, a bag fell out and a needle protruding through the bag stuck the employee in the index finger. He was unable to extract the whole needle from the bag, but identified it as a push type needle used to administer medicine. The employee noticed his finger was bleeding. Bill Ferry, a co-worker, helped him clean it and Ms. Ruth Snyder, a resident at the housing complex where this incident occurred, gave him a Band-Aid.
Later that week, the employee saw Dr. Richard J. Perry, his primary care physician, for an annual physical. He told the doctor he felt weak, but could not pinpoint the problem. The employee continued to work for six (6) months before seeking further medical attention. During this time he never notified his employer of this incident.
The employee continued to see Dr. Perry for treatment of some ongoing health issues, including anxiety, hypertension and eczema. In November 1999, routine blood work revealed some abnormalities. Repeat blood work was done. When the results were unchanged, Dr. Perry referred Mr. Carter to Dr. William Sikov. A bone marrow test was done, as well as additional blood work. In April 2000, the employee learned that he had Hepatitis C. This diagnosis was confirmed by the results of a liver biopsy which was done in June 2000.
In May 2000, the employee notified Elaine Woloohojian, the executive director of the Cranston Housing Authority, that he had Hepatitis C and he believed it was the result of a needlestick at work several years ago. He continued to work in his regular job until January 3, 2001, at which time his physical appearance had noticeably deteriorated. He noted the area under his eyes was darkened and he had lost a lot of weight. Though the employee had begun to feel better by the time of trial, he did not feel that he could return to work for the employer because he was treated poorly after he notified them of his illness and they never took the situation seriously.
The employee testified that there were people with HIV and AIDS, as well as other illnesses, who resided in the some of the complexes he serviced. He stated unequivocally that he was unaware of any other exposure that could have caused him to contract hepatitis.
On cross-examination, it was brought out that the employee has filed several claims that are either pending or settled against his employer with the Human Rights Commission, OSHA, and the Department of Labor. Further, he stated that he does not get along with Anthony Conti, his immediate supervisor.
Ruth
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