21-12WC. Debra Morrisseau v. Hannaford Brothers.

• Court: Vermont

Vermont Workers Compensation 2012. 21-12WC. Debra Morrisseau v. Hannaford Brothers Debra Morrisseau v. Hannaford Brothers(August 8, 2012)STATE OF VERMONT DEPARTMENT OF LABORDebra Morrisseau v. Hannaford BrothersOpinion No. 21-12WCBy: Phyllis Phillips, Esq. Hearing Officer For: Anne M. Noonan CommissionerState File No. BB-00676OPINION AND ORDERHearing held in Montpelier on May 9, 2012 Record closed on June 25, 2012APPEARANCES:Christopher McVeigh, Esq., for ClaimantRobert Mabey, Esq., for DefendantISSUES PRESENTED: 1. Does Dr. Fenton's proposed treatment plan constitute reasonable medical treatment causally related to Claimant's August 20, 2009 compensable work injury? 2. Did Claimant reach an end medical result for her compensable work injury on or before April 30, 2011? 3. Is Claimant entitled to additional temporary total and/or temporary partial disability benefits? EXHIBITS: Joint Exhibit I: Medical records Claimant's Exhibit 1: Temporary partial disability benefit calculation, with supporting pay stubs Defendant's Exhibit A: Medical records Defendant's Exhibit B: Curriculum vitae, Richard Levy, M.D. Defendant's Exhibit C: Dr. Levy report, October 2, 2011 CLAIM: Temporary total disability benefits pursuant to 21 V.S.A. §642 Temporary partial disability benefits pursuant to 21 V.S.A. §646 Medical benefits pursuant to 21 V.S.A. §640(a) Interest, costs and attorney fees pursuant to 21 V.S.A. §§664 and 675 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 began working as a part time associate in Defendant's bakery in 2002. Her duties included preparing baked goods for sale, decorating cakes and generally servicing the bakery department. Claimant's August 2009 Work Injury and Subsequent Treatment Course 4. On August 20, 2009 Claimant was lifting a box of frozen cookie dough at work when she felt a pop in her right hand, followed by intense pain in her palm and triggering in her ring and small fingers. She reported the injury to her supervisor, and later in the day sought medical treatment. 5. Defendant accepted Claimant's injury as compensable and began paying workers' compensation benefits accordingly. 6. Initially Claimant was diagnosed with a right wrist sprain. Her pain predominated on the ulnar (outer) side of her palm and wrist, radiating out to her ring and small fingers and up into the ulnar area of her elbow. Intermittently she experienced sharp, severe pains, which she described as "zingers," as well, emanating from the wrist joint itself. 7. When her symptoms failed to improve with physical therapy, in September 2009 Claimant was referred to Dr. Frenzen, an orthopedic surgeon, for further evaluation. Diagnostic imaging studies revealed a TFCC (triangular fibrocartilage complex) tear in her wrist, as well as some evidence of ulnar impaction syndrome. The latter condition occurs when there is a variance in length between the ulna and the radius (the two forearm bones) at the wrist. 8. Imaging studies also documented degenerative changes in Claimant's wrist joint. These were most likely age-related and/or accelerated by a fracture she had sustained many years earlier on the distal (thumb) side of her wrist. 9. Dr. Frenzen attributed Claimant's ulnar-sided wrist pain to her TFCC tear. Without making a clear statement as to causal relationship, he acknowledged that "certainly the [August 2009 work injury] has set up a series of events by which her wrist has become painful." 10. After rest and a cortisone injection proved ineffective, in December 2009 Dr. Frenzen performed arthroscopic surgery to address both the TFCC tear and the ulnar variance at Claimant's wrist. 11. Post-surgery, Claimant continued to suffer aching pain and diminished range of motion in her wrist, intermittent but painful "zingers," and numbness and tingling in her ring and small fingers. Electrodiagnostic studies in May 2010 documented mild carpal tunnel and cubital tunnel syndromes, as well as mild swelling of the ulnar nerve at the wrist. Dr. Frenzen was unable to explain these findings in the context of his TFCC repair surgery. 12. At Defendant's request, in June 2010 Claimant underwent an independent medical evaluation with Dr. Davignon. Based both on his physical examination and on his review of the pertinent medical records, Dr. Davignon concluded as follows:

* That Claimant's right wrist symptoms were causally related to her work injury;

* That all treatment to date had been reasonable and necessary; and

* That the degenerative changes in Claimant's wrist were probably preexisting, but likely were aggravated by the work injury.

13. In June 2010 Dr. Frenzen referred Claimant to Dr. Johansson for further treatment. Dr. Johansson, an osteopath, is the medical director of the Vermont Center for Occupational Rehabilitation (VCOR). Among the services VCOR offers are physical therapy, myofascial therapy, biofeedback and pain management. 14. Claimant participated in the VCOR intensive rehabilitation program from June through November 2010. When her symptoms failed to respond to a cortisone injection midway through the program, Dr. Johansson referred her to Dr. Murphy, an orthopedic surgeon at Dartmouth Hitchcock Medical Center, for a second opinion. 15. Dr. Murphy evaluated Claimant in September 2010. He concluded that there was no good surgical solution to her ongoing symptoms. Instead, he recommended continued conservative management, including injections, splinting, anti-inflammatories and activity modification. From my review of the medical evidence, I find that Claimant already had undergone the therapies Dr. Murphy suggested, with no appreciable improvement in her symptoms. 16. As for the cause of Claimant's symptoms, Dr. Murphy concluded that the August 2009 work injury likely...