06-12WC. Denise Carr v. Copley Hospital.

• Court: Vermont

Vermont Workers Compensation 2012. 06-12WC. Denise Carr v. Copley Hospital Denise Carr v. Copley Hospital(February 23, 2012)STATE OF VERMONT DEPARTMENT OF LABORDenise Carr v. Copley HospitalOpinion No. 06-12WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. AA-52236OPINION AND ORDERHearing held in Montpelier, Vermont on November 4, 2011 Record closed on December 13, 2011APPEARANCES:Joseph Galanes, Esq., for Claimant Jeffrey Spencer, Esq., for DefendantISSUES PRESENTED:1.Is Claimant's left shoulder impingement syndrome causally related to her August 22, 2008 compensable work injury?2.If yes, to what workers' compensation benefits is she entitled?EXHIBITS: Joint Exhibit I: Medical records Claimant's Exhibit 1: Temporary partial disability benefit calculation, with supporting payroll records Defendant's Exhibit A: Curriculum vitae, Jonathan Sobel, M.D. CLAIM: Medical benefits pursuant to 21 V.S.A. §640 Temporary total disability benefits pursuant to 21 V.S.A. §642 Temporary partial disability benefits pursuant to 21 V.S.A. §646 Interest, costs and attorney fees pursuant to 21 V.S.A. §§664 and 678 FINDINGS OF FACT: 1. At all times relevant to these proceedings, Claimant was an employee and Defendant was her employer as those terms are defined in Vermont's Workers' Compensation Act. 2. Judicial notice is taken of all relevant forms contained in the Department's file relating to this claim. 3. Claimant worked in Defendant's housekeeping department for seven years. Her job duties included cleaning patients' rooms, making beds, washing walls and working in the laundry. 4. On August 21, 2008 Claimant reported an injury to her right thumb, hand and wrist, which had become swollen and sore as a result of her housekeeping duties. She was diagnosed with tendinitis in her thumb and arthritis in her wrist. Defendant accepted both of these injuries as compensable and began paying workers' compensation benefits accordingly. 5. After her symptoms failed to resolve with conservative treatment, Claimant was referred to Dr. Mullins, an orthopedic surgeon. In January 2009 she underwent surgery, both to reconstruct the ligament in her thumb and to address the arthritis in her wrist. 6. Initially Claimant appeared to be recovering well from surgery. Her wrist was casted until early March 2009. Unfortunately, by the time the cast was removed she had developed complex regional pain syndrome (CRPS) in her right hand. This caused pain, swelling and hypersensitivity in her fingers, hand, wrist and forearm. As a result, for a period of months after her wrist surgery Claimant avoided using her right upper extremity, and used her left arm for most tasks instead. 7. During the period when her right arm was immobilized Claimant began to complain increasingly of right shoulder pain. By August 2009, her CRPS-related hand pain had essentially resolved, but her right shoulder pain continued. In addition, she began to complain of left shoulder pain as well. 8. Dr. Mullins attributed the pain in Claimant's right shoulder to an impingement syndrome caused by prolonged inactivity and disuse of her right arm. With disuse, the rotator cuff becomes weak, which allows the arm bone to migrate and come in contact with the shoulder blade. This narrows the space through which the tendons of the shoulder must slide and causes them to become caught, or impinged. The tendons and tissues in the area become inflamed, which leads to swelling, tearing and even more impingement. 9. Interestingly, Dr. Mullins attributed the cause of Claimant's left shoulder pain to impingement as...