19-11WC. Lorianne Lewia v. Stowe Motel.

• Court: Vermont

Vermont Workers Compensation 2011. 19-11WC. Lorianne Lewia v. Stowe Motel Lorianne Lewia v. Stowe Motel(July 25, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 19-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. BB-55471OPINION AND ORDERHearing held in Montpelier, Vermont on March 17, 2011 Record closed on April 5, 2011 APPEARANCES:Vincent Illuzzi, Esq., for Claimant Jason Ferreira, Esq., for Defendant ISSUE PRESENTED: Is Claim ant entitled to temporary total disability benefits for the period from June 18, 2010 through August 6, 2010? EXHIBITS: Joint Exhibit I: Medical records Claimant's Exhibit 1: Various work capabilities forms Claimant's Exhibit 2: Letter from Scott Ward, April 2, 2010 Claimant's Exhibit 3: Curriculum vitae, W. Thomas Turek, D.C. Defendant's Exhibit 1: Curriculum vitae, Verne Backus, M.D. Defendant's Exhibit 2: Letter from Scott Ward, May 27, 2010 Defendant's Exhibit 3: Letter from Attorney Illuzzi, June 2, 2010 Defendant's Exhibit 4: Letter from Scott Ward, June 8, 2010 Defendant's Exhibit 5: Form 27, approved June 18, 2010 Defendant's Exhibit 6: Letter from Anne Coutermarsh, August 30, 2010 CLAIM: Temporary total disability benefits pursuant to 21 V.S.A. §642 Interest, costs and attorney fees pursuant to 21 V.S.A. §§664 and 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 and correspondence contained in the Department's file relating to this claim. 3. Claimant worked for Defendant as a housekeeper. On November 5, 2009 she was moving lawn furniture as part of the fall cleanup process. As she bent down to pick up a heavy hammock, she felt a pop in her left shoulder, and then a stabbing, burning pain. Claimant stopped working and immediately sought medical treatment. 4. Defendant accepted Claimant's injury as compensable and began paying workers' compensation benefits accordingly. Claimant's Prior Medical History 5. Claimant's prior medical history includes a left upper extremity injury sustained in 1998 while working for a different employer. Claimant underwent two elbow surgeries, but continued to complain of disabling pain for years thereafter. The medical records reflect that during this period Claimant demonstrated anger towards her surgeon and poor insight into her condition. She held her arm in a significantly guarded position and was unwilling to participate in treatment options that were likely to increase her pain temporarily, such as functional restoration. 6. Claimant did not return to work after her 1998 injury until September 2004. At that point her primary care physician cleared her to work with a restriction against lifting in excess of 20 pounds with her left arm. Claimant worked for a time as a licensed nursing assistant. Later she went to work for Defendant. 7. Although originally left-handed, Claimant testified that the restriction against lifting with her left arm was not problematic. She taught herself to do more things with her right hand and now considers herself to be right-handed. Claimant described her right arm as being "pretty strong and rugged" now. I...