Cardillo v. Brown University

Supreme Court of Rhode Island

Cardillo v. Brown University

490 A.2d 508, 1985 R.I. LEXIS 634

CourtSupreme Court of Rhode Island

DecidedMarch 21, 1985

DocketNo. 85-78-M.P.

StatusPublished

This text of 490 A.2d 508 (Cardillo v. Brown University) 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

Cardillo v. Brown University, 490 A.2d 508, 1985 R.I. LEXIS 634 (R.I. 1985).

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Opinion

ORDER

This workers compensation case came before the court on the employee’s petition for writ of certiorari to review a decision of the appellate commission. The only issue raised in the petition is whether, in reviewing the trial commissioner’s decision, the appellate commission should have employed a de novo standard of review. Since the trial commissioner’s findings were not based upon credibility determinations, we believe that the de novo standard should have been used. Davol, Inc. v. Aguiar, R.I., 463 A.2d 170, 173-4.

Accordingly, the petition for writ of cer-tiorari is granted, the decree of the appellate commission is vacated, and this matter is returned to the appellate commission for reconsideration in accordance with the appropriate standard of review.

WEISBERGER, J., did not participate.

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ORDER

This workers compensation case came before the court on the employee’s petition for writ of certiorari to review a decision of the appellate commission. The only issue raised in the petition is whether, in reviewing the trial commissioner’s decision, the appellate commission should have employed a de novo standard of review. Since the trial commissioner’s findings were not based upon credibility determinations, we believe that the de novo standard should have been used. Davol, Inc. v. Aguiar, R.I., 463 A.2d 170, 173-4.

Accordingly, the petition for writ of cer-tiorari is granted, the decree of the appellate commission is vacated, and this matter is returned to the appellate commission for reconsideration in accordance with the appropriate standard of review.

WEISBERGER, J., did not participate.

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490 A.2d 508, 1985 R.I. LEXIS 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardillo-v-brown-university-ri-1985.

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