Bello v. Zavota Bros. Transportation Co.

504 A.2d 1015, 1986 R.I. LEXIS 409
CourtSupreme Court of Rhode Island
DecidedFebruary 18, 1986
Docket85-68-M.P., 85-69-M.P.
StatusPublished
Cited by5 cases

This text of 504 A.2d 1015 (Bello v. Zavota Bros. Transportation Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bello v. Zavota Bros. Transportation Co., 504 A.2d 1015, 1986 R.I. LEXIS 409 (R.I. 1986).

Opinion

OPINION

SHEA, Justice.

These consolidated petitions for certiora-ri seek review of a Workers’ Compensation Commission (commission) decree. The commission approved and awarded payment to the employee’s companion who was providing necessary medical services pursuant to G.L.1956 (1979 Reenactment) §§ 28-33-5 and 28-33-8 of the Workers’ Compensation Act. The employer challenges the commission’s authority to render the award.- The employee challenges the method by which the commission calculated the award. We affirm.

Richard Bello, employee, filed a petition to review a 1979 decree in the Workers’ Compensation Commission. The petition to review alleged that employer, Zavota Brothers Transportation Company, Inc. (Za-vota Brothers), refused to provide or pay for necessary medical services as is required by §§ 28-33-5 and 28-33-8. Among the services sought were nursing care at home, an air conditioner, and other related services.'

The evidence established that Bello became a quadriplegic on April 3, 1978. His condition is the result of an injury that he sustained while employed by Zavota Brothers and for which he has been paid workers’ compensation benefits. Bello was hospitalized until September 27, 1979. His friend Lorraine Bucci, a trained nurse’s aide, brought him home to care for him there. Bello paid her $90 a week, plus room and board in exchange for her services as a live-in companion and care giver. He testified that he could not afford to pay her more than $90 a week.

Bello is confined to a wheel chair and unable to do very much for himself. He needs twenty-four-hour-a-day assistance. Bucci testified that she spent seventeen hours a day caring for Bello. She explained that this entailed assisting Bello out of bed in the morning, helping him to bathe, catheterizing him and evacuating his bowels as needed, preparing his food, doing *1017 his shopping, administering his medication, applying splints to his hands each evening before bed, and adjusting his sleeping position every two hours during the night to prevent pressure sores. In addition, she ran Bello’s household, doing all of the things that a homemaker or family member would do. Prior to working for Bello, she had worked as a nurse’s aide at Golden Crest Nursing Home where she earned approximately $200 for a forty-hour work week.

Doctor Julius Stoll, a neurosurgeon, testified that Bello had been his patient since July of 1978. The doctor completely corroborated Bucci’s description of Bello’s medical condition and his ongoing needs. Doctor Stoll explained that he had prescribed an air conditioner to alleviate the muscle spasms Bello suffered when exposed to warm temperatures. According to Dr. Stoll, most of the duties performed by Bucci constitute medical care.

Dorothy Kelliher, a registered nurse, testified that she had visited Bello at his home to evaluate the kind of care that he would require. Her testimony also supported Bucci’s description of the activities necessary to care for Bello properly. Kelliher believed that Bucci was doing an excellent job, and she added that if the Visiting Nurse Association were called upon to replace Bucci, it would send both a registered nurse and a nurse’s aide to do the necessary work.

Finally, John Robinson, financial director of the Kent County Visiting Nurse Association, testified that during the period of Bucci’s employment by Bello, the association’s pay rate ranged from $8 per hour in September of 1979 to $15 per hour in February of 1983. Robinson acknowledged that these were the association’s billing rates and that they reflected salaries, benefits, overhead, and profit.

The trial commissioner found that Bello had proven his need for care and for an air conditioner. The trial commissioner ordered that Bello be reimbursed the $90 per week that he had paid to Bucci since September 27,1979, and awarded Bello $90 per week to pay for Bucci’s ongoing services. The commissioner refused to order payment in excess of what he found to be the parties’ agreed-upon rate of remuneration for Bucci’s services.

On appeal the appellate commission stated:

“[i]t is clear from the record that Zavo-ta is liable for the necessary medical services required by Bello as mandated by Sections 28-33-5 and 28-33-8. The simple issue here is in ascertaining the value of such services, namely, the proof of the reasonable value of the nursing care being rendered to Bello by Lorraine Bucci.”

The appellate commission calculated the “reasonable compensation” due Bucci by multiplying the number of hours per day spent caring for Bello (seventeen), by the hourly wage she had received as a nurse’s aide at Golden Crest Nursing Home ($5). The commission arrived at a weekly wage of $595. The appellate commission’s final decree included the cost of the air conditioner and payment of $595 per week to Bucci retroactive to August 13, 1982, the date upon which Bello’s attorney requested reimbursement from Zavota Brothers’ insurer. Bello was awarded reimbursement for the $90 per week he had expended for Bucci’s services between September 27, 1979, and August 12, 1982. 1

The employer argues that the commission had no authority to alter the contractual agreement between Bucci and Bello by awarding compensation in excess of the $90 per week agreed upon by them. The employer further asserts that even if the commission did have this power, the evidence was insufficient to support the finding that Bucci performed compensable services seventeen hours per day, seven days per week.

*1018 The employee contends that the commission had the authority to make the award but erred by undervaluing the worth of Bucci’s services. He also argues that the award for the reasonable value of Bucci’s services should have been made retroactive to September 27, 1979, the date upon which she began working for Bello.

Although the Workers’ Compensation Commission is a statutory creature possessing only those powers granted by the Legislature, we have said that the provisions of the Workers’ Compensation Act (the act) should be liberally construed to effect its purpose. Volpe v. Stillman White Co., 415 A.2d 1034 (R.I.1980); Orthopedic Specialists, Inc. v. The Great Atlantic & Pacific Tea Co., 120 R.I. 378, 388 A.2d 352 (1978). Also, it is well settled that this court is bound by the commission’s findings of fact, providing that they are supported by competent legal evidence. Emmett v. Town of Coventry, 478 A.2d 571 (R.I.1984); Shola v. Dworkin Construction Co., 474 A.2d 1252 (R.I.1984).

The act explicitly requires employers to provide or pay for injured employees’ reasonable medical expenses and needs. 2

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Cite This Page — Counsel Stack

Bluebook (online)
504 A.2d 1015, 1986 R.I. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bello-v-zavota-bros-transportation-co-ri-1986.