17-12WC. Barbara Grimes v. City of Burlington.

• Court: Vermont

Vermont Workers Compensation 2012. 17-12WC. Barbara Grimes v. City of Burlington Barbara Grimes v. City of Burlington(June 6, 2012)STATE OF VERMONT DEPARTMENT OF LABORBarbara Grimes v. City of BurlingtonOpinion No. 17-12WCBy: Jane Woodruff, Esq. Hearing Officer For: Anne M. Noonan CommissionerState File No. AA-59038OPINION AND ORDERHearing held in Montpelier, Vermont on March 27, 2012 Record closed on May 1, 2012APPEARANCES:Patrick Biggam, Esq., for Claimant Wesley Lawrence, Esq., for DefendantISSUES PRESENTED:

1. Is Claimant's right shoulder pain and discomfort causally related to the compensable work injuries that she suffered on October 16, 2008?

2. If so, to what workers' compensation benefits is Claimant entitled?

EXHIBITS: Joint Exhibit I: Medical records Claimant's Exhibit 1: Photo of steps Claimant's Exhibit 2: Curriculum vitae, Philip Davignon, M.D. Claimant's Exhibit 3: First Report of Injury, October 17, 2008 Defendant's Exhibit A: Photo of steps Defendant's Exhibit B: Curriculum vitae, George White, M.D. CLAIM: Medical benefits pursuant to 21 V.S.A. §640 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 is the general manager of Defendant's electric department. She has held this position for the last 12 years. Claimant's October 16, 2008 Work Injuries 4. On October 16, 2008 Claimant attended a work-related meeting at the Farmhouse, which is off-site from the electric department. When she left, it was raining. She slipped on the top concrete step and fell down the other two. She landed on a concrete walkway on her outstretched arms. She skinned her right wrist and bruised her right elbow and knees. 5. Claimant got up and brushed herself off. She did not seek medical treatment that day and she did not lose any time from work. In fact, she continued with the rest of her work day. At the time, she was mainly embarrassed. Claimant filed a First Report of Injury with Defendant the next day. 6. Claimant's right arm became uncomfortable in the ensuing weeks. In addition, her right wrist swelled to the point where she could not wear her bracelets. However, the Thanksgiving holiday was approaching and her family planned to gather in California. Thereafter, she hosted her family for the Christmas holiday here in Vermont. Therefore, she delayed seeking medical treatment until her life calmed down. I find this explanation very credible. Claimant's Course of Treatment 7. Claimant first sought treatment from her primary care provider, Dr. Moore, on December 30, 2008. She complained of bilateral elbow and neck pain. Claimant underwent x-rays of her cervical spine, which revealed moderate multilevel degenerative disc changes. Dr. Moore referred her for physical therapy. 8. Claimant attended physical therapy during January and early February. She experienced a notable reduction in her pain levels in all areas. Defendant referred Claimant to Champlain Valley Urgent Care, its workers' compensation medical provider, on February 6, 2009. Dr. Fitzgerald ordered x-rays of Claimant's right wrist and elbow. Additionally, he referred her for more physical therapy. Defendant accepted this claim and paid benefits accordingly. 9. Claimant continued her physical therapy with a different therapist on February 27, 2009. During her initial assessment, Claimant indicated that her wrist felt better but that her right upper arm was bothering her. Claimant had no prior injuries to her right shoulder. She described the pain as a "noogie," like knuckles rotating into the skin. 10. Dr. Fitzgerald ordered an MRI scan of Claimant's right wrist. The results suggested a tear of the scapholunate ligament, which joins two bones in the wrist. Dr. Fitzgerald referred...