5420 CRB-1-09-1 (2010). JONES v. CONNECTICUT CHILDREN'S MEDICAL CENTER FACULTY PRACTICE PLAN.

• Court: Connecticut

Connecticut Workers Compensation 2010. 5420 CRB-1-09-1 (2010). JONES v. CONNECTICUT CHILDREN'S MEDICAL CENTER FACULTY PRACTICE PLAN CASE NO. 5420 CRB-1-09-1COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONJULY 1, 2010JANEL J. JONES CLAIMANT-APPELLEE v. CONNECTICUT CHILDREN'S MEDICAL CENTER FACULTY PRACTICE PLAN EMPLOYER and WEBSTER RISK SERVICES, INC. INSURER RESPONDENTS-APPELLANTSAPPEARANCES: The claimant was represented by Edward T. Dodd, Esq., and Laura Ondrush, Esq., The Dodd Law Firm, LLC, 1781 Highland Avenue, Suite 105, Cheshire, CT 06410. The respondents were represented by Colette S. Griffin, Esq., Howd and Ludorf, 65 Wethersfield Avenue, Hartford, CT 06114. This Petition for Review from the January 6, 2009 Findings and Orders of the Commissioner acting for the First District was heard on December 18, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Jack R. Goldberg and Randy L. Cohen.OPINIONJOHN A. MASTROPIETRO, CHAIRMAN. The respondents have petitioned for review from the January 6, 2009 Findings and Orders of the Commissioner acting for the First District. We find error and accordingly reverse the decision of the trial commissioner.(fn1) The trial commissioner made the following factual findings which are pertinent to our review. The claimant, who is a registered nurse and APRN, began working for the employer in December 2002 and on the date of injury was employed as a Manager of Clinical Operations and Ambulatory Support. Her duties consisted of basic management and human resource functions along with the clinical supervision of mid-level and administrative staff. At her deposition of February 28, 2007, the claimant testified that she sustained her injury on February 27, 2006 when she was involved in a motor vehicle accident while traveling from a medical office in Windsor to another in Bloomfield. The accident occurred when the rear tire from a truck traveling in front of the claimant fell off the truck and landed on the roof of the claimant's vehicle. The claimant testified that she remembered ducking down when she saw the tire coming and saying something to the effect of "oh, crap!" She thought she began pulling over to the side of the road before seeing the tire coming towards her vehicle; the next thing she remembered was trying to open the car door. She testified that she heard a big noise but doesn't remember the tire actually hitting the car because her eyes were closed. She also testified that when she was exiting her vehicle, she felt something touching her head but didn't remember the tire or any part of the car hitting her head. The claimant stated that she did not remember losing consciousness, but she thought the tire had crushed the roof of her car onto her head, "squishing" her neck and back. The claimant was driven home from the scene by a police officer and did not seek medical treatment immediately following the incident. However, later that day, the claimant developed a headache, soreness in her neck and shoulders, and some nausea, and went to the emergency department at the University of Connecticut medical hospital. The claimant testified that the physician did not order an x-ray or scan because neither the claimant nor the physician believed the claimant had hit her head in the accident. The diagnosis at that time was "cervical/thoracic strain, with complaints of right-sided headache and upper back/neck pain." Findings, ¶ 41. See also Claimant's Exhibit A, B1. The claimant again presented at the UConn emergency department on March 3, 2006 and the record for that visit indicated a "normal exam." Findings, ¶ 42. See also Claimant's Exhibit A, B3. At the suggestion of the UConn emergency room treating physician seen by the claimant at her initial visit, the claimant consulted Sarah Dainiak, M.D., on March 9, 2006 and shortly thereafter began a course of physical therapy for neck pain. The claimant told Dr. Dainiak that her injury occurred when an SUV tire hit the windshield and roof of her car and that she felt a slight impact of the roof on the top of her head when the tire landed. On March 28, 2006, the claimant again presented to the UConn emergency department suffering from worsening headaches, constant dizziness and nausea, blurred vision and photosensitivity. The claimant indicated that she thought the neck traction component of her physical therapy might have aggravated her symptoms. The diagnosis at that time was postconcussive syndrome, and claimant was instructed to consult a neurologist as soon as possible. The claimant also underwent a CT scan of her head, which was normal. On March 31, 2006, the claimant underwent a cervical MRI at Hartford Hospital, which was also normal. On April 3, 2006, at the request of her employer, the claimant saw Pietro Memmo, M.D. The claimant reported to Dr. Memmo that she had experienced a loss of consciousness in the accident and that she could not recall stopping or exiting her vehicle. Dr. Memmo suspected the claimant had sustained a closed head injury and recommended she see a neurologist. Dr. Memmo also stated that the claimant "has absolutely no recall of the circumstances surrounding the motor vehicle accident." Claimant's Exhibit A, B10. The claimant subsequently saw Dr. Memmo again on April 10, 2006, at which time he indicated that the claimant "by her own report ... has been diagnosed with a postconcussive syndrome, a closed head injury and vestibular dysfunction." Id. The claimant returned to Dr. Memmo on May 24, 2006, June 19, 2006, and October 6, 2006; on October 6, 2006, Dr. Memmo cleared the claimant to return to full duty but deferred to the claimant's neurologist, Peter Wade, M.D., with whom the claimant had begun treating on July 10, 2006, for his opinion regarding the status of the claimant's postconcussive syndrome. Dr. Memmo next saw the claimant on September 17, 2007, at which time he reviewed an MRI of her cervical spine performed on March 1, 2007 and again opined that the claimant was capable of returning to full duty from his perspective. On the same day as her initial visit with Dr. Memmo, April 3, 2006, the claimant also presented to the Hartford Hospital emergency department where she treated with Isaac Silverman, M.D. The claimant told Dr. Silverman she thought she had received a bump on her head as a result of the accident. The claimant underwent CT scans of her head/brain and cervical spine, all of which were normal. Dr. Silverman diagnosed the claimant as suffering from "[t]ypical post-concussive syndrome with a lot of concurrent anxiety." Claimant's Exhibit A, B14. Dr. Silverman referred the claimant for counseling at a traumatic brain injury clinic and also recommended vestibular therapy, which recommendation the claimant declined to follow after having discussed the treatment with Dr. Wade, who did not think it would be...