Silva v. Brown & Sharpe Manufacturing Co.

524 A.2d 571, 1987 R.I. LEXIS 461
CourtSupreme Court of Rhode Island
DecidedApril 21, 1987
DocketNo. 84-574-M.P.
StatusPublished
Cited by4 cases

This text of 524 A.2d 571 (Silva v. Brown & Sharpe Manufacturing 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
Silva v. Brown & Sharpe Manufacturing Co., 524 A.2d 571, 1987 R.I. LEXIS 461 (R.I. 1987).

Opinion

OPINION

FAY, Chief Justice.

This case comes before us on a petition for certiorari filed by Clarence Silva (Silva), an employee, to review a decree of the Workers’ Compensation Appellate Commission denying and dismissing his petition for benefits. The trial commissioner granted Silva’s motion to amend his original petition for compensation benefits to include, in the alternative, a petition to review an earlier suspension agreement and awarded him benefits accordingly. The appellate commission reversed, indicating that the motion to amend was barred by the ten-year statute of limitations contained in G.L. 1956 (1979 Reenactment) § 28-35-45. We disagree.

The facts in this case are not in dispute. On March 19,1971, Silva suffered an injury to his lower left leg as well as bums to his chest, arms, and legs as a result of an explosion in an electric furnace while employed by Brown & Sharpe Manufacturing Company (Brown & Sharpe). A preliminary agreement was executed by the parties providing for the payment of compensation for total incapacity from March 22, 1971, and a subsequent suspension agreement and receipt was executed by the parties on May 17, 1971. The parties agreed that compensation was to terminate as of May 14, 1971.

[572]*572On May 5, 1981, Silva filed an original petition seeking benefits from Brown & Sharpe from April 1, 1981, and continuing, owing to a herniated muscle of the left leg caused by prolonged standing.1 At the pretrial conference, the petition was amended to include a prayer for specific compensation for disfigurement.

In the hearing before the trial commissioner on November 18, 1981, the treating physician testified that although this was a new hernia, in his opinion it was not a new injury. He classified it as the aggravation by wear and tear over time of scar tissue that existed as a result of Silva’s injury in 1971. On January 29, 1982, after both parties had rested, Silva moved to reopen the case to submit the suspension receipt of May 17, 1971, and the original agreement of March 1971. At the hearing on the motion, on February 3, 1982, Silva requested that in the event the commission found his 1981 incapacity to be a recurrence instead of an aggravation, his original petition be considered as a petition to review the suspension agreement and the original agreement. The trial commissioner granted Silva’s motion, concluded that Silva had sustained a recurrence of his 1971 injury, and — treating the petition as a timely petition to review — awarded him benefits for total incapacity from April 1, 1981, to July 16, 1981, as well as specific compensation for a period of seventy-five weeks for disfigurement of his lower left leg.

The appellate commission reversed the decision of the trial commissioner, holding that the motion to amend the original petition to be treated in the alternative as a petition to review was barred by the ten-year statute of limitations in which to review a decree or decision contained in § 28-35-45.2 The commission reasoned that the statute of limitations is a condition precedent to obtaining benefits, that since it was not complied with in this case, the trial commissioner did not have jurisdiction to hear the matter or grant the relief sought. This court then granted Silva’s petition for a writ of certiorari to review the appellate commission’s decision.

Silva contends that the amendment to his original petition, although granted outside the period of limitations, should relate back to the date of the filing of the original petition, which the parties agree was within the prescribed ten-year period. Brown & Sharpe restates the appellate commission’s opinion that the ten-year period having run, the trial commissioner had no jurisdiction to entertain the motion nor to review the suspension agreement.

Since this case presents a pure question of law, it is appropriately before us for review. Martin v. Rhode Island Public Transit Authority, 506 A.2d 1365, 1368 (R.I.1986). Contrary to Brown & Sharpe’s contentions, the trial commissioner clearly had jurisdiction to act as he did. According to § 28-35-11, “[a]ll questions arising under chapters 29 to 38, inclusive, of this title, [the Workers’ Compensation Act] * * * shall, except as otherwise herein provided, be determined by the workers’ compensation commission.” See also §§ 28-30-1 and 28-30-13. Furthermore, the commission may reopen a case until the time that a decision has been rendered, see Carr v. General Insulated Wire Works, Inc., 97 R.I. 487, 491, 199 A.2d 24, 27 (1964), and it has the statutory right to allow amendments to a petition “at any state of the proceedings.” Section 28-35-17.

[573]*573Admittedly, as Brown & Sharpe argues, the time limitations set out in the Workers’ Compensation Act are in the nature of conditions precedent that must be met in order to obtain the benefits of the liability created by the act. Ochoa v. Union Camp Corp., 120 R.I. 898, 905-06, 391 A.2d 123, 127 (1978); Brothers v. James S. Cassedy, Inc., 101 R.I. 307, 309, 222 A.2d 363, 364 (1966). The question, nevertheless, is not one of jurisdiction, see Mesolella v. City of Providence, 508 A.2d 661, 665-66 (R.I. 1986), but of a statutory limitation barring the granting of relief once the period provided for has run. See Brothers, 101 R.I. at 309-10, 222 A.2d at 364-65. The commissioner plainly has jurisdiction to determine if the prescribed period has elapsed. Hence, the trial commissioner in this case had the power to entertain and grant the motion to amend, to find that the amended petition related back to the time of the original petition and was therefore timely, and to determine that he had the authority to review the 1971 decree.

Having found that the trial commissioner had the power to act as he did, we must decide if he erred in the exercise of that power. Mesolella, 508 A.2d at 665-66; see also State v. Souza, 456 A.2d 775, 779 (R.I.1983). As we noted earlier, the commission has broad statutory authority under § 28-35-17 to allow amendments to a petition. We are bound to construe that authority liberally when to do so does not conflict with the Legislature’s intent to assist employees with job-related injuries. Volpe v. Stillman White Co., 415 A.2d 1034, 1035 (R.I.1980).

In Saccoccio v. Kaiser Aluminum & Chemical Corp., 107 R.I. 53, 60, 264 A.2d 905, 908-09 (1970), we upheld the grant of an employee’s motion to amend a petition for compensation, made almost at the con-elusion of the hearing before the trial commissioner, noting that the defendants had not claimed that they were unduly prejudiced by the permission to amend. In O’Neil v. M & F Worsted Mills, Inc., 100 R.I. 647, 653, 218 A.2d 666

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Bluebook (online)
524 A.2d 571, 1987 R.I. LEXIS 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-v-brown-sharpe-manufacturing-co-ri-1987.