C-9127. Coburn v. Frank Dodge and Sons.

• Case Date: August 02, 1995
• Court: Vermont

Vermont Workers Compensation 1995. C-9127. Coburn v. Frank Dodge and Sons August 2, 1995State File No. C-9127By: Christopher McVeigh Hearing Examiner For: Mary S. Hooper Commissioner Opinion No. 34-95WC ROGER COBURN v. FRANK DODGE and SONSHearing held in Montpelier, Vermont on October 20, 1994. Record closed January 12, 1995. APPEARANCES: Rodney Vieux, Esq. for the Claimant. William O'Rourke, Esq. for Defendant/Employer/Insurer - St. Paul Fire and Marine Insurance Company Edward Kiel, Esq. for Defendant/Employer/Insurer - The Travelers ISSUES 1. Whether the claimant is entitled to additional temporary total or temporary partial disability compensation; a. Whether the claimant is entitled to additional medical benefits for Dr. Vartanian's treatment; b. Which carrier is responsible for what benefits; c. Whether claimant is entitled to vocational rehabilitation benefits. WITNESSES Roger Coburn. Sandra Coburn. Frank Dodge. (Appeared at hearing but did not testify). EXHIBITS Joint Exhibit 1 - Medical Records: Dr. Nancy Binter office notes from September 29, 1989 through September 15, 1992; and her operative records for the claimant's December 31, 1990 left C6-7 foraminotomy; and his March 1, 1990 bilateral L3-4 laminectomy and discectomy; Dr. Ford's October 7, 1992 letter report to Attorney Kiel; Dr. Jennings' office notes from July 12, 1989 through September 28, 1990; September 25, 1990 MCHV radiology report; August 15, 1990 radiology report from Copley Hospital; August 11, 1989 CT of the lumbosacral spine at Northeastern Vermont Regional Hospital; Dartmouth-Hitchcock Medical Center records including Dr. Phillips' October 2, 1991 report; October 5, 1991 thoracic myelogram; October 25, 1990 CT scan of the thoracic spine; and Dr. Phillips' February 13, 1992 letter to Attorney Riley; Fanny Allen Hospital key functional assessment of May 9, 1990; Dr. Paul Rogers' office notes starting January 14, 1987; Dr. Andres Roomet's September 24, 1990 letter to Dr. Jennings; Dr. Charles Vartanian's medical records commencing September 1992; Mary Fletcher Hospital records concerning the claimant's May 1965 low back operation; Copley Hospital physical therapy records from November 22, 1993 through January 5, 1994. Defendant's Exhibit 1 - claimant's work records from Parts Town starting September 26, 1992 through November 27, 1993; the claimant's work records from Contractors' Crane Service from June 13, 1993 through August 28, 1993; and claimant's work hours at R.L. Vallee from January 27, 1994 through March 17, 1994. Defendant's Exhibit 2 - claimant's work hours at defendant Frank Dodge and Sons for work years 1988 and 1989. Defendant's Exhibit 3 - claimant's single page statement concerning the incidents of January 14, 1988, and April 13, 1989. Claimant also submitted the deposition of Linda Peet dated December 15, 1994. Judicial notice is also taken of the following forms contained in the Department's file: Employer's First Report of Injury dated February 5, 1988; Form 10 dated February 26, 1988; Form 13 for 1988 accident in which St. Paul Insurance Company paid temporary total disability benefits in the amount of $663; Form 21 dated April 14, 1988; Form 25 dated February 26, 1988; Form 1 Employer's First Report of Injury dated October 17, 1989; Form 5 Notice of Injury and Claim for Compensation dated September 24, 1989; Form 6 dated September 6, 1991; Form 6 dated March 26, 1993; Form 10 dated November 9, 1989; Form 21 dated November 9, 1989; Form 25 dated November 14, 1989; Form 27 dated August 4, 1992; Form 28 dated September 12, 1990, June 28, 1991, July 29, 1992, and August 16, 1993. FINDINGS OF FACT 1. On January 24, 1988, the claimant worked for Frank Dodge and Sons as a construction worker. At that time, the claimant was an employee as defined by the Vermont Worker's Compensation Act and Frank Dodge and Sons was an employer as defined by the Vermont Worker's Compensation Act. St. Paul insured Frank Dodge for its worker's compensation responsibilities on January 24, 1988. 2. On April 13, 1989, the claimant was an employee as defined by the Act and worked for Frank Dodge and Sons as a construction worker. Frank Dodge and Sons, on April 13, 1989, was an employee as defined by the Act, and was insured by the Traveler's Insurance Company for its worker's compensation obligations. 3. On January 24, 1988, the claimant was operating a tracksavator, a tractor with a bucket on it, at the Talc Mill in Johnson, Vermont. While digging in the frost level on a berm, when the machine's tracks were raised in the air, the frost broke through, allowing the machine to abruptly pitch forward. The claimant catapulted into the windshield landing on his head and shoulders. As a result of that work injury, the claimant was momentarily disoriented, had the wind knocked out of him, suffered a knot on his head, and a knot between his shoulder blades. 4. Claimant worked the rest of the day and at home that night still had the knot between his shoulder blades which, when he leaned back in a chair, snapped, and brought relief to him. The claimant testified that since this accident he has suffered from neck and shoulder blade pain, and the written statement which he signed indicated that since that time he also suffered from low back pain. 5. Although the claimant...