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Carter v. Housing Authority of the City of Cranston5/31/2005
es that Mr. Carter's liver damage is indeed caused in part by his alcohol abuse." (Tr. Dec. p. 10) (Emphasis added.)
The trial judge's statement is supported by the evidence in the record. There is medical testimony to the effect that alcohol abuse can cause significant liver damage. The employee reported to two (2) of his physicians that he has been consuming some amount of alcohol almost every day since he was a teenager (he was forty-nine (49) years old at the time of the Hepatitis C diagnosis in 2000). The pathologist reported that some of the findings of the biopsy were consistent with chronic alcohol abuse. It was not clear error for the trial judge to state that she believed that some of the liver damage shown on the biopsy report was due to alcohol abuse.
Based upon the foregoing discussion, we deny and dismiss the employer's appeal and affirm the decision and decree of the trial judge.
In accordance with Rule 2.20 of the Rules of Practice of the Workers' Compensation Court, a final decree, a copy of which is enclosed, shall be entered on
Healy, C. J.
Olsson, J.
Connor, J.
FINAL DECREE OF THE APPELLATE DIVISION
This cause came on to be heard by the Appellate Division upon the appeal of the respondent/employer and upon consideration thereof, the employer's appeal is denied and it is:
ORDERED, ADJUDGED, AND DECREED:
1. That the findings of fact and the orders contained in a decree of this Court entered on February 10, 2003 be, and they hereby are, affirmed.
2. That the employer shall pay a counsel fee in the amount of One Thousand Two Hundred and 00/100 ($1,200.00) Dollars to Stephen Rappoport, Esq., counsel for the employee, for the successful defense of the employer's appeal.
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