3-757-021 (1998). ROSE ELDI.

• Case Date: October 30, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 3-757-021 (1998). ROSE ELDI INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF ROSE ELDI, Claimant, v. MONTGOMERY WARD and COMPANY, Employer, and AETNA TECHNICAL SERVICES, INC., Insurer, Respondents.W. C. No. 3-757-021FINAL ORDER The claimant seeks review of a final order of Administrative Law Judge Erickson (ALJ), which denied her claim for temporary total disability benefits, permanent total disability benefits, and medical benefits. The claimant's primary argument is that the ALJ erred in finding that she did not sustain compensable Thoracic Outlet Syndrome (TOS). We affirm. The claimant sustained an admitted injury to her left shoulder on October 5, 1984, and she underwent two surgeries. After a protracted course of litigation, an order was issued on February 25, 1991, which determined that the claimant reached maximum medical improvement (MMI) on November 8, 1986. In 1996 the claimant filed an Application for Hearing seeking additional temporary disability benefits, medical benefits, and permanent total disability benefits. The claimant testified that by 1989 she began to develop symptoms of TOS, including chronic pain in her neck and left shoulder area. In support of this position, the claimant introduced the testimony of Dr. Baker. Dr. Baker testified that she began to treat the claimant in 1991, and has subsequently reached the conclusion that the claimant has TOS as a result of the 1984 industrial injury. Dr. Baker stated that her diagnosis is supported by redness and swelling in the claimant's left upper extremity, as well as the fact that the claimant received six or seven weeks of relief following an "interscalene block." (Tr. May 7, 1997, pp. 44, 48-49). Dr. Baker recommended a course of physical therapy designed to relieve the symptoms of TOS. (Tr. May 7, 1997, p. 50). The respondents introduced the report of Dr. Gulevich, who examined the claimant in March 1994 and April 1997. Dr. Gulevich opined that the claimant was at MMI for her 1984 injury when he examined her in March 1994, and remained so in April 1997. He diagnosed the claimant as suffering from chronic left shoulder and neck pain associated with the 1984 injury. Further, he stated that he examined the claimant for TOS and opined that she "does not meet the diagnostic criteria established by the Workers Compensation Upper Extremity Task Force for probable or definite TOS." In support, Dr. Gulevich noted that the interscalene blocks relieved "pain in her shoulder and neck-not her hands." Moreover, Dr. Gulevlich...