DeNardo v. Fairmount Foundries Cranston, Inc.

While I agree with my Rrother Weisberger’s conclusion that as a matter of law DeNardo’s injured biceps qualifies as a compensable injury, I believe there are times when a judging body, be it the commission or this court, when determining whether the particular injury arises out of and during the course of the employment, should remind themselves of the basic concept of the nature and philosophy which led to the enactment of the workers’ compensation law. This appeal presents one such occasion.

Our compensation act has been described as social legislation which is remedial in nature. Perron v.…