Joyce Wheeler v. Encompass Insurance Company

I readily acknowledge that the issues presented in this case are subtle and challenging; but, after long reflection, I remain unpersuaded by the reasoning of my colleagues, and I therefore must respectfully dissent.

The majority correctly recognizes that Encompass’s objection to Ms. Wheeler’s petition qualifies as an “application” under G.L.1956 § 10-3-14(a). That objection triggered the trial justice’s review of the award. See City of East Providence v. United Steelworkers of America, Local 15509, 925 A.2d 246, 253-55 (R.I.2007). However, I believe that the majority’s discussion of the merits…