32-10WC. Catherine Heller v. Bast and Rood Architects.

• Court: Vermont

Vermont Workers Compensation 2010. 32-10WC. Catherine Heller v. Bast and Rood Architects Catherine Heller v. Bast and Rood Architects(October 5, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 32-10WCBy: Sal Spinosa, Esq. Hearing OfficerFor: Valerie Rickert Acting CommissionerState File No. T-12409OPINION AND ORDERHearing held in Montpelier, Vermont on April 2, 2010 Record closed on July 9, 2010APPEARANCES:Frank Talbott, Esq., for Claimant Robin Ober Cooley, Esq., for DefendantISSUES PRESENTED: 1.Which, if any, of the following multiple injuries Claimant alleges she suffered in her January 2, 2003 fall at work are compensable?

* One or both knees

* Cervical spine

* Thoracic spine

* Hips

2.To what workers' compensation benefits is Claimant entitled on account of her compensable injuries? 3.Do the prolotherapy treatments for Claimant's knees and/or lower back constitute reasonable and necessary medical services causally related to her compensable injuries? EXHIBITS: Joint Exhibits 1 and 1A: Medical records Claimant's Exhibit 1: Curriculum Vitae, George Simmons, D.C. Claimant's Exhibit 2: First Report of Injury, January 22, 2003 Claimant's Exhibit 3: Employee's Notice of Injury, January 23, 2003 Claimant's Exhibit 4: Preservation deposition of Seth Rosenblum, D.C., March 19, 2010 Claimant's Exhibit 5A: Claimant's medical expenses, including prescriptions Claimant's Exhibit 5B: Expenses for supplements Claimant's Exhibit 7: Excerpted deposition of Dr. Lawrence Marrich, February 16, 2010 Defendant's Exhibit A: Pre-injury authorization and request for Claimant's medical record from Dr. Marrich and his September 17, 2001 response Defendant's Exhibit B: Treatment progress note written by Claimant, August 10, 2005 Defendant's Exhibit C: Defendant's cover letter and attached request for New Mexico motor vehicle record, February 3, 2010 Defendant's Exhibit E: Curriculum Vitae, Thomas G. Grace, M.D. Defendant's Exhibit F: Albuquerque, NM accident report, December 13, 2005 Defendant's Exhibit G: AMA Guides to the Evaluation of Permanent Impairment (5*h ed.), Chapter 15 CLAIM: Permanent partial disability benefits pursuant to 21 V.S.A. §648 Medical benefits pursuant to 21 V.S.A. §640 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 an employer as those terms are defined in Vermont's Workers' Compensation Act. 2.Judicial notice is taken of all relevant forms contained in the Department's file relating to this claim. Claimant's Prior Injuries and Treatment 3.Prior to the incident at issue in this claim, Claimant was involved in two auto accidents, one in 1986 and the other in 2001. In both she was rear-ended and suffered whiplash and other injuries. 4.Following each accident, Claimant treated with Dr. Marrich, a chiropractor. Her complaints included head pain, cervical, thoracic and lumbar spine pain, shoulder pain and occasional hip symptoms. X-rays taken in 2001 revealed degenerative disc disease and arthritic abnormalities at multiple cervical and thoracic levels. 5.Dr. Marrich diagnosed sprain/strain injuries to Claimant's cervical and thoracic spine, lumbopelvic region and shoulder. Although Claimant was relatively symptom free at the close of her treatments in 2001, Dr. Marrich characterized her prognosis as only "poor to fair." In his opinion, the motor vehicle accidents had exacerbated the degenerative changes in Claimant's spine, which he felt were now likely to progress at a faster rate than they otherwise would have. 6.Claimant also had treated with Dr. Marrich in the past for bilateral knee pain - on the left at various times in 1994 and on the right in both 1997 and 1999. 7.Claimant suffered another incident of left knee and lower back pain in August 2000, when she injured herself while stepping off a rock. She treated initially with another chiropractor, Dr. Rosenblum, for these symptoms. Later, Dr. Rosenblum provided treatment as well for cervical and lumbosacral sprain/strain injuries associated with her 2001 auto accident. At that point Dr. Rosenblum noted that Claimant's condition was "chronic." 8.Claimant received other chiropractic treatment for complaints of left knee pain in 2001, and for right knee pain in 2002. Despite this history, Claimant asserted at the formal hearing that she had no history of knee problems prior to her January 2003 fall at work. Claimant's Work Accident 9.In the early evening of January 2, 2003 Claimant left work for the day and walked to her vehicle. As she maneuvered to enter the car, she slipped and fell on the ice, landing on her buttocks. In her first report of injury, Claimant described a backward fall that "slammed" her onto the ice, causing injury to her back, neck, shoulders and hips. She did not describe any injury to her knees. Claimant's Lumbar Spine Injury 10.The parties do not dispute that Claimant suffered a compensable injury to her lumbar spine as a result of her January 2003 fall at work. Ultimately Claimant was rated with a 10% whole person permanent impairment referable to this injury. The Department approved the parties' Agreement for Permanent Partial Disability Compensation (Form 22) in June 2007. Claimant's Cervical Spine Injury 11.Claimant suffered cervical pain following the January 2003 fall at work, which she asserts was either caused or aggravated by that incident. In all, four independent medical evaluators rendered opinions on this issue. 12.At Claimant's request, Dr. Diskant, a family practitioner, conducted an independent medical evaluation in October 2004. He obtained a medical history, reviewed the available records and performed a thorough clinical examination. Dr. Diskant determined that Claimant suffered from chronic neck pain caused by her two prior auto accidents. He concluded that her cervical pain was neither caused nor aggravated by her work injury. 13.Dr. Bucksbaum, a physiatrist, also performed an independent medical examination on Claimant's behalf, on November 7, 2007. In addition to his clinical examination Dr. Bucksbaum conducted an exhaustive review of Claimant's medical records, including those associated with her 1986 and 2001 auto accidents. His documented impressions specifically referenced the analyses and conclusions of many other providers as he formulated his own diagnosis and...