28-11WC. Linda Montague v. Tivoly Inc.

CourtVermont
Vermont Workers Compensation 2011. 28-11WC. Linda Montague v. Tivoly Inc Linda Montague v. Tivoly Inc(September 22, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 28-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. Z-64639OPINION AND ORDERHearing held in Montpelier, Vermont on April 21, 2011 Record closed on June 6, 2011APPEARANCES:Kelly Massicotte, Esq., for Claimant John Valente, Esq., for DefendantISSUE PRESENTED: Was Claimant's August 2010 fusion surgery reasonable, necessary and causally related to her January 31, 2008 work injury? EXHIBITS: Joint Exhibit I:Medical records Claimant's Exhibit 1:Deposition of Hulda Magnadottir, M.D., April 13, 2011 (Curriculum vitae attached) Claimant's Exhibit 2:Compensation Agreements (Forms 21 and 22) Defendant's Exhibit A: Deposition of William Boucher, M.D., April 11, 2011 CLAIM: All workers' compensation benefits to which Claimant is deemed entitled as a consequence of her August 2010 fusion surgery; 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 her employer as those terms are defined in Vermont's Workers' Compensation Act. 2. Judicial notice is taken of all relevant forms and correspondence contained in the Department's file relating to this claim. Claimant's January 2008 Fall, Prior Medical History and Course of Treatment 3. Claimant worked for Defendant as a machinist. As she was leaving work on January 31, 2008 she slipped on some icy outside stairs. Her feet came out from under her and she fell to the ground, landing on her back. Claimant injured her neck and left shoulder in the fall. 4. Defendant accepted Claimant's injury as compensable and began paying workers' compensation benefits accordingly. 5. As a result of her injury Claimant experienced severe neck pain and stiffness, with extremely limited range of motion. The pain radiated into the top of her left shoulder and between her shoulder blades. She experienced debilitating headaches as well. 6. Claimant's prior medical history is significant for a two-level (C5-C7) cervical fusion following a motor vehicle accident some 20 years ago. More recently, in 2005 Claimant underwent surgery to repair a left rotator cuff tear following a work-related shoulder injury. Claimant fully recovered from both of these injuries and was experiencing no residual symptoms in either her neck or her left shoulder at the time of the January 2008 fall. Claimant also had a prior history of migraine headaches, most likely related to hormonal changes. Prior to her fall, these occurred on a monthly basis and were well controlled with medication. 7. Initially Claimant treated conservatively for the symptoms related to her January 2008 fall. She underwent a series of injections, but these were largely ineffective. Thereafter, Claimant underwent two surgical consultations, one with Dr. Braun, an orthopedic surgeon, and one with Dr. Ball, a neurosurgeon. Both doctors reviewed Claimant's diagnostic imaging studies...

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