07-12WC. Selajdin Sadriu v. The Home Depot.

• Court: Vermont

Vermont Workers Compensation 2012. 07-12WC. Selajdin Sadriu v. The Home Depot Selajdin Sadriu v. The Home Depot(February 23, 2012)STATE OF VERMONT DEPARTMENT OF LABORSelajdin Sadriu v. The Home DepotOpinion No. 07-12WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. Y-50633OPINION AND ORDERHearing held in Montpelier, Vermont on December 5, 2011 Record closed on January 13, 2012APPEARANCES:Selajdin Sadriu, pro seChristopher Callahan, Esq., for DefendantISSUES PRESENTED:1. Was Defendant justified in discontinuing Claimant's temporary total disability benefits effective March 24, 2011 on the grounds that he had failed to conduct a good faith search for suitable work?2. Was Defendant justified in discontinuing Claimant's temporary total disability benefits effective June 25, 2011 on the grounds that he had reached an end medical result?EXHIBITS: Claimant's Exhibit 1: Job search logs Claimant's Exhibit 2:Dr. Braun Consultation Summary, April 4, 2011 Claimant's Exhibit 3: Dr. Krag After-Visit Summary, November 9, 2011 Claimant's Exhibit 4: English language instruction log Defendant's Exhibit A: Medical records (CD) Defendant's Exhibit B: Letter from Attorney Callahan, March 1, 2011 Defendant's Exhibit C: Letter from Anne Coutermarsh, March 14, 2011 Defendant's Exhibit D: Letter from Attorney Callahan, March 14, 2011 Defendant's Exhibit E: Leunig's Bistro employment application Defendant's Exhibit F: Letter from Anne Coutermarsh, May 4, 2011 Defendant's Exhibit G: Letter from John May, April 1, 2010 [sic] Defendant's Exhibit H: Letter from Attorney McVeigh, June 17, 2011 Defendant's Exhibit I: Payment history CLAIM: Temporary total disability benefits retroactive to March 30, 2011 and continuing, pursuant to 21 V.S.A. §642 FINDINGS OF FACT: 1. At all times relevant to these proceedings, Claimant was an employee and Defendant was his 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 for Defendant as a stock clerk. His primary language is Albanian, though he is able to speak, comprehend and read English to at least a limited extent. He was assisted by an Albanian interpreter at the formal hearing. 4. On July 8, 2006 Claimant injured his lower back while lifting at work. Defendant accepted this injury as compensable and began paying workers' compensation benefits accordingly. 5. Claimant's symptoms failed to respond to conservative therapies. In April 2007 he underwent L4-5 disc surgery. After a prolonged recovery, in September 2008 he returned to work for Defendant. 6. Following his return to work Claimant's symptoms gradually recurred. After some time he left Defendant's employment and began working instead as a cab driver. By April 2010 his symptoms had progressed to the point where he was again unable to work. 7. Defendant initially denied responsibility for Claimant's renewed disability, but did not appeal when the Department ordered it to resume temporary total disability benefits as of April 27, 2010. 8. In October 2010 Claimant underwent L4-5 fusion surgery with Dr. Braun, an orthopedic surgeon. Since the surgery his low back pain has improved; however, he continues to experience constant pain radiating into his right hip, thigh and leg. The pain worsens with prolonged sitting or driving, and interferes with his sleep. Claimant is able to walk, and in fact that activity is less bothersome than either sitting or standing in a static position for an extended period of time. Defendant's March 2011 Discontinuance 9. At Defendant's request, in February 2011 Claimant underwent an independent...