DANA BANNON, Petitioner
v.
RIDGEFIELD BOARD OF EDUCATION, Respondent
Claim Petition Nos. 2008-30924, 2009-33181
New Jersey Workers Compensation
NJ Department of Labor and Workforce Development Division of Workers' Compensation Hackensack, Bergen County District
January 13, 2016
Riposta Lawyers, LLC Corey Anne Cassidy, Esq. Attorney for
Petitioner
Chasan, Leyner & Lamparello By: John P. Beirne, Esq.
Attorney for Respondent
Before: Honorable Philip A. Tornetta Administrative
Supervisory Judge of Compensation
DECISION ON MOTION
Philip
A. Tornetta, Administrative Supervisory Judge of Compensation
This
matter comes before the court by way of motion of respondent,
Ridgefield Board of Education, for an order permitting
respondent to terminate the medical treatment it is presently
providing to the petitioner, Dana Bannon.
Petitioner
filed a claim petition on November 7, 2008 alleging that she
sustained an injury by an accident arising out of and in the
course of her employment with respondent, on November 26,
2007. Respondent filed an answer to the claim petition on
November 28, 2008 stating that petitioner was employed by
respondent on November 26, 2007 and that petitioner’s
injury did arise out of and in the course of
petitioner’s employment by respondent. On December 11,
2009, petitioner filed a second claim petition alleging that
she sustained a second injury by an accident arising out of
and in the course of her employment with respondent, on July
12, 2008. Respondent filed an answer to the second claim
petition on January 20, 2010 stating that petitioner was
employed by respondent on July 12, 2008 and that
petitioner’s injury did arise out of and in the course
of petitioner’s employment by respondent.
Petitioner
filed a Notice of Motion for Temporary and/or Medical
Benefits on May 10, 2010. Respondent filed an Answering
Statement to the motion on May 11, 2010 stating that
petitioner is not entitled to medical treatment and the
payment thereof. On November 9, 2010, the Honorable Diana
Ferriero, Supervising Judge of Compensation, ordered that
respondent shall authorize Dr. Ronni Seltzer as
petitioner’s treating psychiatrist. On July 25, 2013,
respondent filed the within motion to terminate the medical
treatment being provided to petitioner by Dr. Seltzer. On
October 2, 2013, petitioner filed a letter with the court
opposing the motion.
A
plenary hearing commenced on January 24, 2014 and continued
on May 9, 2014, June 12, 2014, and concluded on October 2,
2015. The parties stipulated that both accidents are
compensable, that at the time of the accidents petitioner was
employed by respondent at a gross weekly wage entitling her
to the maximum rate of compensation and that petitioner has
been treated and continues to be treated by Dr. Seltzer in...
