22-11WC. Rebecca Collins v. State of Vermont.

• Court: Vermont

Vermont Workers Compensation 2011. 22-11WC. Rebecca Collins v. State of Vermont Rebecca Collins v. State of Vermont(August 8, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 22-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. AA-03636OPINION AND ORDERHearing held in Montpelier, Vermont on March 29, 2011 Record closed on April 29, 2011APPEARANCES: Kelly Massicotte Esq., for Claimant William Blake, Esq., for Defendant ISSUES PRESENTED: 1. Was Claimant's right hip injury causally related to her April 13, 2009 work accident? 2. If yes, to what workers' compensation benefits is she entitled? EXHIBITS Joint Exhibit I: Medical records Claimant's Exhibit 1:Dr. Weiss consultation, June 16, 2009 Claimant's Exhibit 2: Curriculum vitae, George White, M.D. Claimant's Exhibit 3: Excerpted sections of AMA Guides to the Evaluation of Permanent Impairment, 5th ed. Defendant's Exhibit A: Deposition of John Johansson, D.O., November 30, 2010 Defendant's Exhibit B: Curriculum vitae, John Johansson, D.O. Defendant's Exhibit C: Medical records prior to April 13, 2009 Defendant's Exhibit D: M. Groh and J. Herrera, A Comprehensive Review ofLabral Tears, Current Review of Musculoskeletal Medicine 2:105-117 (2009) Defendant's Exhibit E: Denial of Workers' Compensation Benefits (Form 2) CLAIM: Temporary total disability benefits pursuant to 21 V.S.A. §642 Temporary partial disability benefits pursuant to 21 V.S.A. §646 Permanent partial disability benefits pursuant to 21 V.S.A. §648 Medical benefits pursuant to 21 V.S.A. §640 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 an employer as those terms are defined in Vermont Compensation Act. 2. Judicial notice is taken of all relevant forms contained in the Department's file relating to this claim. 3. Claimant works for Defendant as a probation and parole officer. Her duties include supervising convicted offenders on parole, probation and house arrest status. This often involves conducting field checks on offenders at their homes. 4. Claimant is a physically active person. She enjoys running, golf, tennis hiking, biking and other activities. Claimant's April 13, 2009 Work Injury 5. On April 13, 2009 Claimant traveled in her car to Milton, Vermont to perform a field check at a client's home. Upon arrival she parked in the driveway, which was somewhat slanted, then exited the car and proceeded to the house. She knocked on the door, and as she was waiting for the client to open it she glanced back and saw that her car was rolling backwards down the driveway. Claimant ran to her car and positioned herself behind it, with her left shoulder against the rear end and her right leg braced as an anchor, but the car kept rolling. Over the next few moments, she tried repeatedly to re-anchor her right leg, but as the car picked up speed its force continued to jerk her down the driveway. Finally she stepped aside and watched as the car rolled across the road, through a ditch and into a neighbor's yard. 6. Claimant was understandably shaken by this incident. Nevertheless, she retrieved her car and drove back to her office. Her right leg was hurting and shaking, in what she described as a "weird body sensation." Claimant reported the incident to her supervisor, worked the remainder of the day, then went home and iced her ankle, which seemed to be hurting the most. 7. The next day Claimant presented to her primary care provider, Dr. Dill, complaining of right ankle pain. Dr. Dill diagnosed a right ankle sprain and prescribed ice, elevation and an air cast for up to one month. She also advised Claimant not to run for two weeks. 8. Dr. Dill's office note does not reflect that Claimant complained of any pain in her right hip at the time of her April 14th examination. Claimant does not recall if she did so or not. She was focused on her right ankle at the time because that was where she was experiencing the most pain. 9. In keeping with Dr. Dill's advice, Claimant refrained from running until early May. By then her ankle pain had improved and...