Ruggiero v. City of Providence

889 A.2d 691, 2005 R.I. LEXIS 224, 2005 WL 3453922
CourtSupreme Court of Rhode Island
DecidedDecember 19, 2005
Docket2004-88-M.P.
StatusPublished
Cited by4 cases

This text of 889 A.2d 691 (Ruggiero v. City of Providence) 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
Ruggiero v. City of Providence, 889 A.2d 691, 2005 R.I. LEXIS 224, 2005 WL 3453922 (R.I. 2005).

Opinion

OPINION

Justice ROBINSON

for the Court.

This case comes before this Court pursuant to a petition for certiorari 1 filed by the petitioner, Camille Ruggiero. The petitioner seeks review of a decree of the Appellate Division of the Workers’ Compensation Court that affirmed a trial judge’s denial of her request to discontinue her workers’ compensation benefits. The Appellate Division held that the Workers’ Compensation Court did not have the authority under the Workers’ Compensation Act (the act) 2 to grant Ms. Ruggiero’s request to discontinue her workers’ compensation benefits absent evidence establishing that she had regained her earning capacity. The Appellate Division also rejected the arguments of petitioner that revolved around a generalized and undeveloped reference to principles of equity and a conelusory reference to two provisions of the Rhode Island Constitution; the Appellate Division ruled that those arguments were without evidentiary support and were legally meritless.

Ms. Ruggiero argues that the Appellate Division erred as a matter of law when it ruled that her workers’ compensation benefits could not be discontinued without evidence showing that her incapacity had ended. In addition, petitioner argues that the provisions of article 1, section 2, and *693 article 1, section 5, of the Rhode Island Constitution, as well as principles of equity, require the granting of her request that her own benefits be discontinued. On May 21, 2004, we granted Ms. Ruggiero’s petition for certiorari so that we could review the decision of the Appellate Division.

For the reasons set forth herein, we affirm the decree of the Appellate Division of the Workers’ Compensation Court.

Facts and Travel

On August 4, 1997, during the course of her employment with the City of Providence, Ms. Ruggiero sustained an injury due to the negligence of a third party. As a result of that injury, Ms. Ruggiero began receiving workers’ compensation benefits on a weekly basis beginning on February 12, 1998. She has continued to receive those benefits from that time until now, with the exception of a short period that has no bearing on the case currently before us. In September of 1998, petitioner applied to the city for a disability retirement pension, which was granted with an effective date of November 28, 2001.

In December of 2001, a settlement was reached between Ms. Ruggiero and the third-party tortfeasor responsible for the work-related injury that she sustained in August of 1997. Shortly thereafter, in January of 2002, she forwarded the sum of $78,699.50 to the city to satisfy the city’s lien stemming from the workers’ compensation payments that had been made to date. (Payment of that amount to the city was required by § 28-35-58(a) of the act. 3 )

Later that same month, the city began to take the statutorily authorized “holiday” from its obligation to make weekly workers’ compensation payments to Ms. Rug-giero. Section 28-35-58(a) 4 entitles the city to suspend the payment of compensation benefits for a definite period of time calculated by dividing the excess third-party settlement by the weekly compensation rate.

On July 30, 2002, petitioner requested that the city allow her to sign a suspension agreement terminating her weekly workers’ compensation benefits so that she would be eligible to collect her full disability retirement pension. 5 The city refused to grant her request.

*694 Ms. Ruggiero then filed a petition to review with the Workers’ Compensation Court seeking the discontinuance of her weekly workers’ compensation benefits so that she could instead receive her accidental disability pension benefits. (See footnote 5, supra.) After a pretrial conference on October 10, 2002, at which Ms. Ruggie-ro’s petition was denied, the matter proceeded to trial in the Workers’ Compensation Court. 6

The trial judge denied and dismissed Ms. Ruggiero’s petition. He found that petitioner had failed to show that the act allowed her to remove herself from the workers’ compensation system so that she could receive her accidental disability benefits. More specifically, the trial judge found that Ms. Ruggiero did not fall within the ambit of any of the grounds for review or modification of workers’ compensation benefits that are set forth in § 28-35^5, because she remained totally disabled. 7 In addition, since the city had refused to sign a suspension agreement, Ms. Ruggiero could not base the discontinuance of her benefits upon § 28-35-7.1, which provides for the discontinuance or suspension of benefits upon written agreement of the parties. Accordingly, the trial judge concluded that the Workers’ Compensation Court did not have the authority to discontinue petitioner’s benefits because the act did not provide a mechanism for her removal from the workers’ compensation system.

The trial judge also rejected Ms. Rug-giero’s argument that the city’s refusal to discontinue her workers’ compensation benefits violated article 1, section 2, and article 1, section 5, of the Rhode Island *695 Constitution. 8 The trial judge found that Ms. Ruggiero had not overcome the strong presumption of constitutional validity that attaches to legislative enactments such as the Workers’ Compensation Act. Accordingly, the trial judge concluded that petitioner remained entitled to weekly workers’ compensation benefits and that the City of Providence could continue to enjoy its “holiday” from payments.

On appeal, the Appellate Division affirmed the decision of the trial judge. The Appellate Division agreed that the Workers’ Compensation Court did not have the authority under the act to grant Ms. Ruggiero’s request to discontinue her workers’ compensation benefits in view of the fact that there was no evidence that she had regained her earning capacity. In addition, the Appellate Division held that Ms. Ruggiero’s constitutional and equitable arguments were not supported by the evidence and were legally meritless. The Appellate Division rejected petitioner’s contention that she was being held “economically hostage” and had been left “penniless” because of the city’s refusal to discontinue her benefits. 9 The Appellate Division noted that Ms. Ruggiero could have opted out of the workers’ compensation system; 10 it further noted that, as a result of not having made that option, she became bound by the terms and conditions of the system. In further explanation of its decision, the Appellate Division noted that Ms.

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Ruggiero v. City of Providence
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Cite This Page — Counsel Stack

Bluebook (online)
889 A.2d 691, 2005 R.I. LEXIS 224, 2005 WL 3453922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruggiero-v-city-of-providence-ri-2005.