14-11WC. Geraldine Spaulding-Singley v. G.S. Precision.

• Court: Vermont

Vermont Workers Compensation 2011. 14-11WC. Geraldine Spaulding-Singley v. G.S. Precision Geraldine Spaulding-Singley v. G.S. Precision(June 6, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 14-11WCBy: Jane Woodruff, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. S-01330RULING ON CLAIMANT'S MOTION FOR SUMMARY JUDGMENTAPPEARANCES:Charles Powell, Esq., for Claimant Craig Matanle, Esq., for DefendantISSUE: Is Claimant entitled as a matter of law to temporary total disability benefits from May 14, 2009 forward? FINDINGS OF FACT: For the purposes of this motion the following facts are not disputed: 1. At all times relevant to these proceedings, Claimant was an employee and Defendant was her employer as those terms are defined in Vermont Workers' Compensation Act. 2. In July 2001 Claimant injured her left wrist during the course of her employment for Defendant. 3. From 2001 through May 2009 Claimant experienced chronic pain as a result of this injury. During this time she underwent five surgeries on her left wrist. 4. Claimant was admitted to Parkview Hospital on May 14, 2009 following an apparent suicide attempt. Claimant remained hospitalized there until May 26, 2009. 5. Dr. Lambertson treated Claimant during this hospitalization. Dr. Lambertson did not opine as to whether Claimant was totally disabled from work in May 2009. 6. At Defendant's request, on March 19, 2010 Claimant underwent a medical evaluation with Dr. Rustagi, a psychiatrist. Dr. Rustagi opined that Claimant suffered from a major depressive disorder causally related to her July 2001 work injury. 7. Dr. Rustagi also opined that Claimant's hospitalization at Parkview Hospital in May 2009 was related to her major depressive disorder. However, he did not render an opinion as to whether Claimant was totally disabled from working from that time forward. 8. In December 2010 Claimant began treating with Dr. Kim, a psychologist, for her depressive disorder. At the request of Claimant's attorney, in January 2011 Dr. Kim opined that Claimant had been totally disabled from working at least as of her May 2009 hospitalization, and that she remains unable to work currently. 9. Dr. Kim acknowledged that she did not have all of Claimant's mental health records since the date of the initial 2001 injury and that her opinion was based at least in part on Claimant's...