15-11WC. Arthur Saffold v. Palmieri Roofing, Inc.

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Vermont Workers Compensation 2011. 15-11WC. Arthur Saffold v. Palmieri Roofing, Inc Arthur Saffold v. Palmieri Roofing, Inc.(June 21, 2011)Opinion No. 15-11WCSTATE OF VERMONT DEPARTMENT OF LABORBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. H-22526OPINION AND ORDERATTORNEYS:David Williams, Esq., for Claimant Robert Cain, Esq., for DefendantISSUE PRESENTED: Is Claimant's lumbar spine condition since 2006 compensable as a direct and natural consequence of his September 1994 work-related injury? EXHIBITS: Joint Exhibit I: Medical records Joint Exhibit II: Medical summary Claimant's Exhibit 1: Workers' Compensation Rule 14.9240 Claimant's Exhibit 2: Operative procedure, November 30, 1994 Claimant's Exhibit 3: Operative report, June 30, 2006 Claimant's Exhibit 4: Dr. McLellan office note, July 3, 2008 Claimant's Exhibit 5: Letter from Dr. Ross, December 15, 2008 Claimant's Exhibit 6: Letter from Dr. Ross, February 19, 2010 Defendant's Exhibit A: Medical records reviewed by Dr. Ross Defendant's Exhibit B: Radiology report, March 17, 1997 Defendant's Exhibit C: Curriculum vitae, Victor Gennaro, D.O. CLAIM: All workers' compensation benefits to which Claimant proves his entitlement as causally related to his lumbar spine condition since 2006 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 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. Claimant's 1994 Injury and Subsequent Treatment 3. Claimant worked for Defendant as a general laborer and roofer. On September 30, 1994 he injured his back while carrying a heavy roll of roofing paper. 4. Claimant presented to Littleton Orthopaedics on November 8, 1994 with complaints of low back and right-sided radicular pain. A subsequent myelogram revealed findings suggestive of an L4-5 disc herniation.(fn1) On November 30, 1994 Claimant underwent a laminectomy and discectomy at that level. 5. Initially Claimant recovered well from the November 1994 surgery. His low back pain lessened significantly, and the pain, numbness and tingling in his right lower extremity abated as well. 6. Claimant underwent physical therapy in early 1995, during which he made steady progress but continued to complain occasionally of numbness in his thigh and/or foot. His therapy was interrupted for a time after he suffered a heart attack in March 1995. After his recovery from that event, Claimant continued to experience some residual low back pain, as well as radicular symptoms into his right lower extremity. 7. In December 1996 Claimant's treating physician, Dr. Howard, determined that he had reached an end medical result and rated him with a 20% whole person permanent impairment. Even at that time, Claimant continued to experience symptoms in his low back and right leg, particularly with prolonged standing or sitting. Claimant also complained of ongoing weakness, numbness and tingling from his right leg down into his foot. 8. At Defendant's request, in February 1997 Claimant underwent an independent medical examination with Dr. Jennings, who rated his permanent impairment at 10% whole person. Subsequently, the parties executed an Agreement for Permanent Partial Disability Compensation (Form 22) that reflected a compromise of the two impairment ratings, which the Department approved in July 1997. 9. Despite having reached an end medical result, Claimant continued to experience both low back pain and radicular symptoms down his right leg. For the most part, for the nine-year period between early 1997 and April 2006 he opted not to seek medical treatment for these symptoms. While always somewhat problematic, furthermore, they did not preclude him from working. 10. Claimant held a variety of jobs during this time, though none after March 2004. From July 1996 until some time in 1997 he worked at Hitchener's, a golf club manufacturing company. For approximately two years thereafter, he owned and operated a small coffee shop; that business closed in 2000. From 2001 until 2004 he worked as a lathe operator at NSA Industries. 11. Following triple-bypass surgery in September 2001, Claimant was disabled from working at NSA Industries for six months. Upon returning to work he continued to experience cardiac symptoms. As a result, in March 2004 his doctors again advised him to stop working, which he did. 12. There is no credible evidence that Claimant's work activities from 1997 through 2004 either caused or aggravated his low back pain or radicular symptoms. 13. In addition to his cardiac condition, which has required fairly constant medical vigilance since 2001, in 2004 Claimant also began experiencing pain in his upper extremities. These were diagnosed as repetitive stress injuries, arguably related to his employment at NSA, and for which he...

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