27-10WC. Laurel Zeno v. University of Vermont.

• Court: Vermont

Vermont Workers Compensation 2010. 27-10WC. Laurel Zeno v. University of Vermont Laurel Zeno v. University of Vermont(August 19, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 27-10WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Valerie Rickert Acting CommissionerState File No. Z-00033RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ATTORNEYS:Christopher McVeigh, Esq., for Claimant Stephen Ellis, Esq., for DefendantISSUES PRESENTED: 1.Do any genuine issues of material fact exist as to whether Defendant's May 1, 2008 discontinuance of benefits on end medical result grounds was proper? 2.Is Defendant entitled to judgment as a matter of law as to the extent of Claimant's permanent impairment, if any, causally related to her June 20, 2007 injury? FINDINGS OF FACT: Considering the facts in the light most favorable to the non-moving party, see, e.g., State v. Delaney, 157 Vt. 247, 252 (1991), I find the following: 1.On June 20, 2007 Claimant suffered a work-related injury when she fell in Defendant's parking lot. Subsequently she sought treatment for right knee and left shoulder pain causally related to her fall. 2.Claimant has an extensive prior medical history, including right shoulder surgery in 1998, left shoulder surgery in 2006 and right knee arthroscopy in 2003. Claimant also suffers from cerebral palsy on her left side. Medical Evidence as to the Cause, Nature and Extent of Claimant's Injury 3.Since her June 2007 fall Claimant has treated primarily with Dr. Campbell for her right knee symptoms and with Dr. Macy for her left shoulder symptoms. She also has treated regularly with Dr. Hageman, her primary care provider, for general health issues. 4.In his office notes, Dr. Campbell has described the etiology of Claimant's right knee symptoms as "multifactorial" and consistent with some combination of osteoarthritis, iliotibial band friction syndrome and tibiofibular joint pain. More recently, in a July 12, 2010 letter to Claimant's attorney Dr. Campbell stated that the preexisting arthritis in Claimant's right knee "was certainly aggravated" by her June 2007 fall. 5.As treatment for Claimant's right knee symptoms, Dr. Campbell has at various times prescribed injections, physical therapy and Celebrex. 6.As for Claimant's left shoulder complaints, Dr. Macy first addressed these in September 2007. His treatment plan at the time included physical therapy. Claimant participated in physical therapy from September 2007 through March 2008, at both Dr. Campbell's and Dr. Macy's referral. 7.At Defendant's request, in March...