30-11WC. Leo Moulton v. J.P. Carrera, Inc.

CourtVermont
Vermont Workers Compensation 2011. 30-11WC. Leo Moulton v. J.P. Carrera, Inc Leo Moulton v. J.P. Carrera, Inc.(October 11, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 30-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. X-63476OPINION AND ORDERHearing held in Montpelier, Vermont on April 25 and 26, 2011 Record closed on June 16, 2011APPEARANCES:James Dumont, Esq., for Claimant James O'Sullivan, Esq., for DefendantISSUES PRESENTED: 1. Is Claimant permanently and totally disabled as a consequence of his work activities on or about September 17, 2004? 2. If not, is Claimant entitled to vocational rehabilitation services as a consequence of his September 2004 work injury? 3. Is Defendant obligated to pay various medical bills incurred for treatment of Claimant's neck condition as causally related to his September 2004 work injury? EXHIBITS: Joint Exhibit I: Medical records Joint Exhibit II: CD of x-rays, 4/14/11 Joint Exhibit III: Supplemental medical records Claimant's Exhibit 1: Various photographs Claimant's Exhibit 2: Various correspondence Claimant's Exhibit 3: Curriculum vitae, Gregory LeRoy CLAIM: Permanent total disability benefits pursuant to 21 V.S.A. §645 Medical benefits pursuant to 21 V.S.A. §640 Vocational rehabilitation benefits pursuant to 21 V.S.A. §641 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 his 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 Work as a Bridge Tensioner 3. Claimant began working for Defendant in June 2001. Defendant manufactures and installs precast concrete products, including bridge beams and planks. 4. Although initially Claimant was hired to do yard and janitorial work, within a few months' time he began doing bridge tensioning work as well. Bridge tensioning is the process by which the cables that hold a bridge beam in place are installed and tightened. In Claimant's case, the job entailed being suspended upside down from a harness attached to the bridge deck, pulling the cable through and using a heavy jack to adjust it to the appropriate tension. Each step in the process took two to five minutes of upside down harness work. Depending on the size of the bridge and the number of cables to be installed, Claimant might have to be suspended anywhere from 15 to 70 times in a day. 5. Between 2001 and 2004 Claimant estimated that he worked on 62 bridges. The work was somewhat sporadic; some weeks he might work on three bridges, some weeks none at all. When not assigned to tensioning work, Claimant continued with his regular janitorial duties. 6. Claimant often experienced neck pain while performing his bridge tensioning duties. On one occasion he worked on a job where instead of being suspended upside down in harnesses, the bridge tensioners knelt upright on temporary platforms. Claimant found this position to be much less stressful on his neck. Later he suggested that Defendant consider utilizing similar equipment, but it declined to do so. Claimant's Work Injury, Medical Course and Current Condition 7. In mid-September 2004 Claimant was driving home from a bridge tensioning job in Maine when he began to experience neck pain and vertigo. As to the latter condition, Claimant's medical records document prior episodes of dizziness, with no cause ever ascribed. This time as well, neither specialist evaluations nor diagnostic testing revealed a clear etiology. Eventually the condition resolved on its own. 8. Claimant had experienced occasional bouts of neck stiffness in the past as well. These episodes had always resolved with little treatment. This time, however, his symptoms, consisting of left-sided neck pain, stiffness, swelling and spasms, continued. Diagnostic testing revealed some degenerative changes in his cervical spine, but no evidence of disc herniation or other neurological compromise. Ultimately, Claimant was diagnosed with a myofascial pain syndrome focused in his left lateral neck. 9. Because Claimant's neck pain was not radicular in nature, surgery was not an appropriate treatment option. Instead, he treated conservatively, first with physical therapy and later with botulism toxin (botox) injections. None of these treatments was effective at controlling his symptoms. 10. Having derived no benefit from botox injections, in July 2007 Claimant's treating neurologist, Dr. Orecchio, determined that he had reached an end medical result. On those grounds, the Department approved Defendant's discontinuance of temporary total disability benefits effective November 20, 2007. In April 2008 Dr. Bucksbaum, a physiastrist, rated Claimant with a 7% whole person permanent impairment referable to his cervical spine. 11. Currently Claimant suffers from extremely limited range of motion in his neck. He holds his left shoulder in an elevated position, as otherwise he experiences painful muscle spasms. Virtually any movement of his neck or left arm exacerbates his pain, as does any sustained posture, including sitting. When his neck is irritated it swells to the point where even swallowing hurts. 12. Claimant has not worked as a bridge tensioner since mid-September 2004. After a period of total disability, in late December 2005 he resumed his janitorial duties for Defendant. While performing these duties, in March 2006 he experienced an acute exacerbation of neck pain, as a result of which he was taken out of work again. Claimant has not returned to work since. 13. In a typical week now, Claimant might take one or two short walks in the meadowlands behind his home, often with a camera, which he uses to photograph wildlife. He is at least somewhat computer literate, and will spend up to 30 minutes at a time on his computer, though not daily. He is restricted physically in this activity by his inability to sit for extended periods of time as well as by his limited ability to use his left hand. He no longer drives, as he cannot turn his head enough to see cars approaching at intersections. Most nights he sleeps in a...

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