28-11WC. Linda Montague v. Tivoly Inc.
Court | Vermont |
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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