13-12WC. Lorrie Cahill v. Benchmark Assisted Living.

• Court: Vermont

Vermont Workers Compensation 2012. 13-12WC. Lorrie Cahill v. Benchmark Assisted Living Lorrie Cahill v. Benchmark Assisted Living(April 27, 2012)STATE OF VERMONT DEPARTMENT OF LABORLorrie Cahill v. Benchmark Assisted LivingOpinion No. 13-12WCBy: Phyllis Phillips, Esq. Hearing Officer For: Anne M. Noonan CommissionerState File No. BB-53987OPINION AND ORDERHearing held in Montpelier on January 27, 2012 Record closed on March 12, 2012APPEARANCES:William Skiff, Esq., for Claimant Craig Matanle, Esq., for DefendantISSUE PRESENTED Is proposed lumbar fusion surgery a medically reasonable and necessary treatment for Claimant's work-related chronic low back pain? EXHIBITS: Joint Exhibit I: Medical records Claimant's Exhibit 1: Curriculum vitae, Robert Monsey, M.D. Defendant's Exhibit A: Curriculum vitae, Verne Backus, M.D., M.P.H. Defendant's Exhibit B: ACOEM Occupational Medicine Practice Guidelines Defendant's Exhibit C: Brox, JI et al., Randomized Clinical Trial of Lumbar InstrumentedFusion and Cognitive Intervention and Exercises in Patients with Chronic Low Back Pain and Disc Degeneration, SPINE, 2003; 28(17):1913-1921; Brox, JI et al, Lumbar instrumented fusion compared with cognitive intervention and exercises in patients with chronic back pain after previous surgery for disc herniation: A prospective randomized controlled study, Pain, 2006; 122:145-155 Defendant's Exhibit D: Fairbank, J et al., Randomised controlled trial to compare surgicalstabilization of the lumbar spine with an intensive rehabilitation programme for patients with chronic low back pain: the MRC spine stabilization trial, BMJ, doi:10.1136/bmj.38441.620417BF (23 May 2005) Defendant's Exhibit E: Fritzell, P et al., 2001 Volvo Award Winner in Clinical Studies:Lumbar Fusion Versus Nonsurgical Treatment for Chronic Low Back Pain, SPINE, 2001; 26(23):2521-2534 CLAIM: Medical benefits pursuant to 21 V.S.A. §640(a) Costs and attorney fees pursuant to 21 V.S.A. §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 has worked as a licensed practical nurse at The Arbors, a dementia care community owned by Defendant, since 2007. Her duties have included performing assessments on new residents, training new staff, completing patient charts and often, lifting residents and assisting with bed, bathroom and chair transfers. The latter function in particular is physically strenuous. Claimant's Work Injury and Subsequent Medical Treatment 4. On October 9, 2009 Claimant was assisting a wheelchair-bound resident with a bathroom transfer. Midway through the transfer, the resident, who weighed approximately 200 pounds, began to fall. Claimant supported his weight and guided him back into the wheelchair. As she did so, she felt a pull in the right side of her lower back. 5. Claimant promptly reported her injury and then sought medical care in accordance with Defendant's established procedures. To date, her treatment has been conservative in nature, as overseen by Dr. Bjornson, the provider to whom Defendant initially referred her. Claimant has undergone courses of physical therapy, osteopathic manipulation, epidural steroid injections, medial branch blocks and radiofrequency ablation. She has fully complied with all treatment recommendations, and has maintained a home exercise program that includes walking and daily exercise. Despite these efforts, none of the conservative therapies she has undergone have provided effective long-term relief of her symptoms. 6. Since her injury Claimant has continued to suffer from low back pain, sometimes accompanied by a pinching sensation in her lumbosacral spine. The pain interferes with her sleep. It is relieved somewhat by sitting, and aggravated by standing or walking. It precludes her ability to engage in many of the recreational activities she used to enjoy, such as hiking with her family, playing with her grandchildren, snow shoeing, sledding and camping. At the formal hearing, Claimant became visibly and credibly upset when discussing these limitations. 7. After a relatively brief period of temporary total and/or partial disability...