04-11WC. Leslie Richardson v. Regular Veteran's Association Post #514.

• Court: Vermont

Vermont Workers Compensation 2011. 04-11WC. Leslie Richardson v. Regular Veteran's Association Post #514 Leslie Richardson v. Regular Veteran's Association Post #514(February 16, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 04-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. G-14847RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT ATTORNEYS:Thomas Nuovo, Esq., for Claimant Jennifer Moore, Esq., for DefendantISSUE PRESENTED:

Do Claimant's claims for permanent partial disability benefits referable to her left leg, lumbar spine and/or left hip survive her death with no dependents and for reasons unrelated to her work injury?

FINDINGS OF FACT: The following facts are undisputed: 1. On October 8, 1993 Claimant injured her left ankle when she slipped and fell while at work for Defendant. Defendant accepted the injury as compensable and began paying workers' compensation benefits accordingly. 2. Although initially the injury was thought to be relatively minor, Claimant suffered severe complications, including deep vein thrombosis in her left calf and recurrent bone infections in her tibia. Over the course of several years she underwent numerous surgeries in an attempt to address these issues. Claimant ambulated with crutches during much of this time. 3. As a consequence of her leg injury and its resulting complications, Claimant developed lower back pain. In January 2004 she underwent L4-5 fusion surgery. Defendant accepted both the lower back condition and the surgery as causally related to the original injury and therefore compensable. 4. In 2005 Claimant was diagnosed with avascular necrosis in her left hip. As treatment, she underwent a left total hip replacement in 2006. Defendant disputed its responsibility for this condition, but the Commissioner ruled that it was causally related to the original 1993 injury and therefore compensable. Richardson v. Regular Veteran's Association Post No. 514, Opinion No. 31-06WC (July 24, 2006). On appeal, both the Chittenden Superior Court and the Vermont Supreme Court affirmed. Richardson v. Regular Veteran's Ass'n Post No. 514, 987 A.2d 336 (Vt. 2009). 5. On June 25, 2007 Defendant's independent medical evaluator, Dr. Johansson, determined that Claimant had reached an end medical result for her left leg, lower back and left hip injuries. Dr. Johansson rated Claimant with a 14% whole person permanent impairment referable to her leg. Subsequently, on March 20, 2008 Dr. Johansson assessed Claimant with an additional 25% whole person permanent impairment referable to her lumbar spine. Dr. Johansson did not rate the permanent impairment referable to Claimant's left hip injury. 6. On August 7, 2008 Defendant's second independent medical evaluator, Dr. Gennaro, rated Claimant with a 10% permanent impairment referable to her left hip. 7. In January 2009 Claimant underwent a second lumbar fusion surgery to address significant disc degeneration at L3-4, the level adjacent to her prior fusion in 2004. Defendant accepted the compensability of this condition as causally related to the original 1993 injury. 8. Claimant died on December 23, 2009 from causes unrelated to her work injury. At the time of her death she had not yet reached an end medical result following her January 2009 fusion surgery. Claimant left no surviving dependents. 9. Defendant paid Claimant weekly temporary total disability benefits from October 24, 1993 through October 19, 2007. On that date, the Department approved its discontinuance on the grounds that Claimant had reached...