25-10WC. Retez Johnson v. Oly Equinox Holding Company.

• Court: Vermont

Vermont Workers Compensation 2010. 25-10WC. Retez Johnson v. Oly Equinox Holding Company Retez Johnson v. Oly Equinox Holding Company(August 5, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 25-10WCBy: Phyllis Phillips, Esq. Hearing OfficerF or: Valerie Ri ckert Acting CommissionerState File No. W-52247OPINION AND ORDERHearing held in Montpelier, Vermont on February 5, 2010 Record closed on May 14, 2010APPEARANCES:Amy Palmer-Ellis, Esq., for Claimant Corina Schaffner-Fegard, Esq., for DefendantISSUE PRESENTED: Is Claimant entitled to a spinal cord stimulator trial as reasonable and necessary medical treatment for his September 5, 2004 work-related injury? EXHIBITS: Joint Exhibit I: Medical records Claimant's Exhibit 1: Preservation deposition of Dr. Al-Botros, February 2, 2010 Defendant's Exhibit A: Curriculum vitae, Leon Ensalada, M.D., M.P.H. Defendant's Exhibit B: Dr. Ensalada diagram Defendant's Exhibit C: Preservation deposition of Dr. Drukteinis, February 25, 2010 CLAIM: Medical benefits pursuant to 21 V.S.A. §640 Costs and attorney fees pursuant to 21 V.S.A. §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 contained in the Department's file relating to this claim. 3.Claimant worked for Defendant as a sous chef at the Equinox Resort. On September 5, 2004 he was injured when a 300-pound warming cart toppled out of a catering truck and struck him in the area of his right hip, upper thigh and groin. Claimant's Prior Medical and Psychological History 4.Prior to his employment for Defendant, Claimant had both a varied work history and a fairly extensive history of work-related injuries as well. The most significant of these occurred in July 1997, when he was working on a Mississippi River cruise ship, the Delta Queen. According to the contemporaneous medical records, Claimant fell approximately 6 to 8 feet from the boat to the water, striking his head on the way down. Bystanders reported that he was pulled from the water within one minute, and remained alert throughout. 5.Initially Claimant was diagnosed with a post-concussive headache syndrome as a result of the Delta Queen incident. Later, in August and September 1997 he underwent an evaluation by Dr. Whatley, a clinical neuropsychologist, who diagnosed post-traumatic stress disorder as well. 6.Dr. Whatley administered a number of psychological tests in the course of his 1997 evaluation, including the Minnesota Multiphasic Personality Inventory-2 (MMPI-2). Notably, Dr. Whatley observed that individuals with MMPI-2 personality profiles similar to Claimant's "often react to stress by developing physical symptoms," and "demonstrate an extreme concern over their bodily functions." Dr. Whatley concluded that Claimant was suffering from severe emotional distress and likely would need long-term individual psychotherapy. 7.Notwithstanding Dr. Whatley's recommendations, Claimant appears not to have sought treatment for any emotional or psychological symptoms until June 1999, nearly two years later. At that point, he complained to Dr...