34-10WC. Dennis LaFarr v. Trapp Family Lodge.

• Court: Vermont

Vermont Workers Compensation 2010. 34-10WC. Dennis LaFarr v. Trapp Family Lodge Dennis LaFarr v. Trapp Family Lodge(November 15, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 34-10WCBy: Sal Spinosa, Esq. Hearing OfficerFor: Valerie Rickert Acting CommissionerState File No. BB-52069OPINION AND ORDERHearing held in Montpelier on July 14, 2010 Record closed on August 31, 2010APPEARANCES:Stephen Cusick, Esq., for Claimant Jeffrey Spencer, Esq., for DefendantISSUES PRESENTED: 1.Did Claimant suffer a compensable work-related injury on August 11, 2009? 2.If yes, to what workers' compensation benefits is he entitled? EXHIBITS: Joint Exhibit A: Social Security records Joint Exhibit B: Medical records Joint Exhibit C: Additional records from Dr. Sullivan Defendant's Exhibit 1: Dr. Adamo report and curriculum vitae Defendant's Exhibit 2: Transcribed telephone interview with Claimant, August 27, 2009 Defendant's Exhibit 3: Letter to Julie Charonko and Stephen Cusick, November 9, 2009 (first page only) Defendant's Exhibit 4: Approved Form 22 (with supporting documents) relating to Claim #U-16938 Defendant's Exhibit 5: Dr. Backus report, February 3, 2005 CLAIM: Temporary disability benefits pursuant to 21 V.S.A. §§642 and/or 646 Medical benefits pursuant to 21 V.S.A. §640 Vocational rehabilitation benefits pursuant to 21 V.S.A. §641 Interest, costs and attorney's 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 contained in the Department's file relating to this claim. 3. Claimant began working as a housekeeper for Defendant in 2004. In 2007 he was promoted to a position as the leader of a housecleaning crew. Claimant's Prior Medical History 4. Claimant has an extensive prior medical history. He has suffered from chronic neck pain since a motor vehicle accident in 1974. In 1986 he was diagnosed with bipolar disorder, which is currently under good control with medication. Claimant also has a history of recurrent symptoms related to a painful, chronic condition in his left foot. He had contemplated surgery to remedy the condition in 2007, but decided against it due to the amount of time he would have had to take off work in order to recover. 5. Claimant also has a prior history of back pain. In 2004 he injured his mid- and lower back while working for a previous employer. As a result of this injury he missed some weeks from work and ultimately was paid permanency benefits in accordance with a 6% whole person impairment. 6. Following his 2004 injury Claimant continued to experience occasional back pain, sometimes attributable to specific activities such as lifting, sometimes not. Claimant treated for these episodes with Dr. Crowley, his primary care provider. For the most part, Dr. Crowley prescribed pain medications, both narcotic and non-narcotic. At times Dr. Crowley questioned the veracity of Claimant's pain complaints, as they seemed excessive given the minimal findings documented on diagnostic imaging studies. Dr. Crowley also expressed uncertainty about whether Claimant's bipolar disorder rendered him an unreliable historian. In the end, however, Dr. Crowley determined that Claimant's requests for pain medications, though regular, were spaced...