Bottiglieri v. Caldarone

OPINION

BEVILACQUA, Chief Justice.

These two separate cases have been consolidated on appeal. In each case the employee brought a petition seeking benefits from the Second Injury Indemnity Fund pursuant to G.L.1956 (1979 Reenactment) § 28-37-1. 1 The trial commissioner denied and dismissed the petitions. The Workers’ Compensation Commission (hereinafter the commission) affirmed, holding that since neither employee was totally incapacitated, both fell outside the scope of the Second Injury Fund statute. The employees appeal from the decrees of the commission.

Cox v. Caldarone

On January 14, 1974,…