24-10WC. Arthur Saffold v. Palmieri Roofing, Inc.

• Court: Vermont

Vermont Workers Compensation 2010. 24-10WC. Arthur Saffold v. Palmieri Roofing, Inc Arthur Saffold v. Palmieri Roofing, Inc.(July 14, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 24-10WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Patricia Moulton Powden Commissioner State File No. H-22526RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ATTORNEYS:David Williams, Esq., for Claimant Robert Cain, Esq., for DefendantISSUE: Defendant moves for summary judgment on the grounds that the undisputed evidence establishes that Claimant's current claim for workers' compensation benefits arose from a non-work-related condition for which it cannot be held liable. FINDINGS OF FACT: Taking the evidence in the light most favorable to the non-moving parties, as is required when considering a motion for summary judgment, Carr v. Peerless Insurance Co., 168 Vt. 465, 476 (1998), I find the following facts: Claimant's 1994 Injury and Subsequent Treatment 1.Claimant worked for Defendant as a general laborer and roofer. On September 30, 1994 he injured his back while carrying a 12-foot-long roll of roofing paper weighing 320 pounds. 2.Claimant presented to Littleton Orthopaedics on November 8, 1994 with complaints of low back and right-sided radicular pain. A subsequent myelogram revealed findings suggestive of a disc herniation at L5-6.(fn1) On November 30, 1994 Claimant underwent a laminectomy and discectomy at that level. 3.Claimant recovered well from the November 1994 surgery. His low back pain lessened significantly, and the pain, numbness and tingling in his right lower extremity abated as well. 4.Claimant underwent physical therapy in early 1995, during which he made steady progress but continued to complain occasionally of numbness in his thigh and/or foot. His therapy was interrupted for a time after he suffered a heart attack in March 1995. After his recovery from that event, Claimant continued to experience some residual low back pain, as well as radicular symptoms into his right lower extremity. 5.In December 1996 Claimant's treating physician, Dr. Howard, determined that he had reached an end medical result and rated him with a 20% whole person permanent impairment. Even at that time, Claimant continued to experience symptoms in his low back and right leg. He had difficulty with lifting, bending, standing on concrete floors and sitting for more than 40-50 minutes. Claimant also complained of ongoing weakness and numbness in his right leg. 6.At Defendant's request, in February 1997 Claimant underwent an independent medical examination with Dr. Jennings, who rated his permanent impairment at 10% whole person. Subsequently, the parties executed an Agreement for Permanent Partial Disability Compensation (Form 22) that reflected a compromise of the two impairment ratings, which the Department approved in July 1997. 7.Claimant experienced an episode of increased low back and right leg pain in April 1997, for which he underwent an epidural steroid injection. In June 1997 Claimant reported to Dr. Howard that he had obtained "quite a bit of relief from the injection, notwithstanding some lingering residual symptoms. Dr. Howard's impression at that time was "disc degeneration following herniated disc L5-6 and scar tissue." 8.Aside from one visit to his primary care provider immediately following a motor vehicle accident in 2005, from June 1997 until April 2006 Claimant did not seek medical treatment for any low back pain or other radicular symptoms. Claimant testified that he continued to experience occasional stiffness in his back during this nine-year period, for which he may have taken an occasional muscle relaxant, but nothing serious enough to warrant specific medical treatment. 9.Claimant held a variety of jobs during this time, though none after March 2004. From July 1996 until some time in 1997 he worked at...