5357 CRB-3-08-6 (2009). Cervero v. Mory's Association, Inc.

CourtConnecticut
Connecticut Workers Compensation 2009. 5357 CRB-3-08-6 (2009). Cervero v. Mory's Association, Inc CASE NO. 5357 CRB-3-08-6COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION MAY 19, 2009LYNN A. CERVERO CLAIMANT-APPELLANT v. MORY'S ASSOCIATION, INC. EMPLOYER and TRAVELERS PROPERTY & CASUALTY INSURER RESPONDENTS-APPELLEES APPEARANCES: The claimant was represented by John A. Keyes, Esq., Keyes & Looney, Attorneys at Law, 420 East Main Street, Building 3, Suite 15, Branford, CT 06405. Respondents were represented by Donald F. Babiyan, Esq., Law Office of Cynthia M. Garraty, Crossroads Corporate Park, 6 Devine Street, First Floor, North Haven, CT 06473. This Petition for Review from the June 9, 2008 Finding and Orders of the Commissioner acting for the Third District was heard December 12, 2008 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Charles F. Senich and Amado J. Vargas. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.The claimant in this matter is seeking to have her compensation insurer pay for a two level disk replacement responsive to her compensable injury. The respondents have contested this request; claming such a procedure does not constitute "reasonable and necessary medical care" within the meaning of § 31-294d C.G.S. The trial commissioner found this argument persuasive and denied the claimant's request. On appeal, the claimant contends this decision constitutes legal error. We find the trial commissioner made a decision based on the weight of the evidence presented. Therefore we affirm the commissioner's Finding and Orders and dismiss this appeal.The following facts are pertinent to our appellate review. It is agreed that the claimant was injured on June 6, 2002 while employed by the respondent as a "waitress/bartender." On that date she injured her lower back while "carrying heavy trays from the basement up to the first floor" of the respondent's New Haven restaurant. A voluntary agreement for this injury was approved by Commissioner George A. Waldron on October 2, 2002. Following her 2002 injury the claimant went to her primary care physician who referred her to Dr. Michael Connair, an orthopaedic surgeon. Dr. Connair prescribed conservative treatment including "lamp therapy," a "Medrol dose pack," prescription medications and physical therapy. On June 18, 2002 Dr. Connair diagnosed the claimant with "multi-level degenerative disk disease with spur formation at L4-5, L2-3 and L1-2 and T12-L1." On September 24, 2002 Dr. Connair determined that after an MRI test that the claimant's condition was "not severe enough to warrant surgical intervention at this time." Claimant's Exhibit A. In October 2002 Dr. Connair referred the claimant to Dr. Josef K. Wang for a pain management evaluation. Dr. Wang suggested "lumbar epidural steroid injections to control her pain" and performed two such injections. The respondents asked the claimant to be evaluated by their expert, Dr. John J. Shine, on November 14, 2002. Dr. Shine's review of the July MRI reports indicated the claimant had "severe disk degeneration at L4-5 with some slight narrowing of the foramen on the left side but no canal stenosis." The report further showed "minimal disk bulging" at L5-S1. Dr. Shine recommended pool therapy and "use of a lumbar support" brace. Claimant's Exhibit A. In May 2003 the claimant sought a second opinion from another orthopedic surgeon, Kenneth M. Kramer M.D. The Claimant testified that Dr. Kramer provided "traction therapy" and "facet" injections. Dr. Kramer agreed with Dr. Connair that the claimant had a light duty work capacity and should be treated conservatively. He suggested a follow-up MRI scan to ascertain if the claimant would be an appropriate candidate for a "lumbar decompression at L4-5." In August 2003 Dr. Kramer determined that the claimant was not "surgical under the circumstances" and recommended she return to physical therapy. Claimant's Exhibit A; May 28, 2003 and August 25, 2003 reports of Dr. Kramer. In January 2004 the respondents had the claimant examined by another expert witness, Dr. Robert N. Margolis. Dr. Margolis diagnosed "[l]umbar strain syndrome" and "[m]arked degenerative motion segment disease at L4-5." Dr. Margolis noted that "virtually no form of treatment helps her." Dr. Margolis concurred with Dr. Kramer and Dr. Connair that the claimant had a light duty work capacity. He determined she had reached maximum medical improvement and assigned a 12% permanent...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT