21-11WC. Gilles Boutin v. United Parcel Service.

• Court: Vermont

Vermont Workers Compensation 2011. 21-11WC. Gilles Boutin v. United Parcel Service Gilles Boutin v. United Parcel Service(August 5, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 21-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. W-52535OPINION AND ORDERHearing held in Montpelier, Vermont on April 6, 2011 Record closed on May 9, 2011 APPEARANCES:Michael Green, Esq., for Claimant Jason Ferreira, Esq., for Defendant ISSUES PRESENTED: 1. Was Claimant's cervical spondylotic myelopathy causally related to his September 14, 2004 work injury? 2. If yes, to what workers' compensation benefits is Claimant entitled? EXHIBITS: Joint Exhibit I:Medical records Defendant's Exhibit A: Curriculum vitae, Leon Ensalada, M.D., M.P.H. Defendant's Exhibit B: Cervical spondylosis diagram Defendant's Exhibit C: Cervical MRI diagram CLAIM: Temporary total disability benefits pursuant to 21 V.S.A. §642 Medical benefits pursuant to 21 V.S.A. §640 Permanent partial disability benefits pursuant to 21 V.S.A. §648 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 his 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 is 57 years old, and has worked for Defendant since 1978. For the first ten years he was a delivery package driver. For the past 22 years he has been a feeder driver, driving 18-wheel tractor-trailer trucks through the night from hub to hub within Defendant's system. Claimant's assigned route takes him from Barre to Burlington, Vermont, then to Chelmsford, Mass., and then back to Barre by way of White River Junction. He typically works ten to eleven hours nightly. Claimant's September 2004 Work Injury 4. On September 14, 2004 Claimant was backing his tractor up to connect it to a trailer. He was traveling at approximately five miles per hour, with his head turned to the right so that he could see behind him. The coupling did not go smoothly, and the truck jarred as it came together with the trailer. Claimant's head snapped back and he immediately felt pain in his neck and numbness and tingling in his elbows and hands bilaterally. 5. Claimant reported the injury to his supervisor and sought treatment the next day from Geoffrey Robinson, a physician's assistant. By that time, the numbness and tingling in Claimant's elbows and hands had improved, and was limited primarily to his middle and ring fingers bilaterally. Mr. Robinson diagnosed a mild cervical strain with nerve root irritation. 6. Defendant accepted Claimant's injury as compensable and began paying medical benefits accordingly. As Claimant did not miss any time from work, no indemnity benefits were paid. 7. At subsequent visits in October and November, Mr. Robinson reported that Claimant's neck pain still persisted, as did the paresthesias in his third and fourth fingers, more so on the right than on the left. At Mr. Robinson's referral, Claimant underwent a course of physical therapy. He also treated with Dr. Peterson, an osteopath. By January 2005 Dr. Peterson reported that Claimant's cervical range of motion was improved and his discomfort had decreased. He advised Claimant as to a home exercise program and anticipated that he would be at end medical result within three or four months. 8. Claimant did not treat for any cervical spine-related symptoms between January 2005 and August 2008. He continued to experience neck pain during this period, but self-treated with stretching, ice and heat. His wife often rubbed the "knot" in the back of his neck. Claimant also continued to experience paresthesias in his right middle and ring...