CP# 1997-12763 (2008). Deborah Robinson, Petitioner vs. United Hospital Corporation, Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2008. CP# 1997-12763 (2008). Deborah Robinson, Petitioner vs. United Hospital Corporation, Respondent Robinson v. United Hospital Corporation CP# 1997-12763NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENTDIVISION OF WORKERS' COMPENSATION ESSEX COUNTY DISTRICT124 Halsey Street, 2nd FloorNewark, New Jersey 07101Telephone: 973-648-2785; Fax 973-648-7780Claim Petition No. 1997-12763 Deborah Robinson, Petitioner, vs. United Hospital Corporation, Respondent. BEFORE:Stephen Tuber, JWCAppearances:Freeman and Bass, Esqs By: Michael Murphy, Esq. 24 Commerce Street Newark, New Jersey 07102 Attorney for the PetitionerBIANCAMANO and DI STEFANO By: JOSEPH V. BIANCAMANO, Esq. 10 Parsonage Road Suite 212 Edison, New Jersey 08837Attorney for RespondentDECISIONOn October 20, 1997, the petitioner, Deborah Robinson, filed Verified Petitioner No. 1997-12763, alleging that she was totally disabled as a result of her preexisting disabilities and an occupational exposure during her employment as a nurse's aide and a nurse's unit clerk with the respondent, United Hospital Corporation, from 1969 to 1997. Specifically, petitioner alleges that her occupational exposure, "caused, aggravated, accelerated or exacerbated" her "Pulmonary, otological, ophthalmological, neurological, neuropsychiatric, [and] cardivascar [sic]" conditions. In support of her claim for Second Injury benefits the petitioner alleges that "Conditions which pre-existed petitioner's last compensable ...exposure [were]: Asthma, residuals of hernia operation, residuals of hand and shoulder pain, poor vision, residuals of bilateral foot pain, [and] generalized arthritis." For the reasons which I will go into at length in this written opinion, I find that the petitioner has failed to prove by objective medical evidence that any disease or disability that she may suffer from was caused or aggravated by her employment with the respondent. From 1969 to approximately 1990, petitioner worked as a nurse's aide which required her to tend to the needs of the patients assigned to her. This entailed feeding, transporting, washing and lifting patients out of and back into bed. As a nurse's aide she was also required to push IV poles and wheel chairs, wash floors, poles and commodes with ammonia, and chemicals which smelled like ammonia, lift beds, lift and turn mattresses and wash windows. According to the petitioner she was also exposed to lint from the sheets. For the last seven years of petitioner's employment with the respondent [1990-1997] she worked as a nurse's unit clerk. This work required her to do computer work, answer the phone, order and put supplies away, and file. According to the petitioner, although this job was a promotion for which she received a raise, she did everything that a nurse's aide, except she no longer was required to lift or feed patients. According to the petitioner, the air in the areas that she was assigned to had a lot of dust and fumes. The dust, according to the petitioner would come from the papers and the fumes came from the ink for the computer, and the chemicals used twice a month by exterminators. Petitioner alleges a myriad of complaints as a result of her twenty-eight year employment with the respondent. Her pulmonary complaints are: coughing, wheezing, shortness of breath upon exertion and production of phlegm. For these complaints, according to Dr. Safirstein, she is getting aggressive and appropriate treatment. Indeed, according to Dr. Safirstein the asthma which she had prior to her employment with the respondent has improved from when he saw her in January 2007, from the time first saw her in March of 2003. She is currently taking Proventil, Theodur, Singulair and Advair. Finally, although the petitioner never smoked, her husband did. As to petitioner's orthopedic complaints, she testified that she did not have any problems with her back, neck, arms, shoulders or legs before she began working for the respondent, notwithstanding the fact that approximately four or five years before she commenced working for the respondent she was in an automobile accident and injured and received treatment consisting of x-rays, a cervical collar, and physical therapy for injuries to her cervical and lumbar spine. Petitioner did file a cause of action for that accident and recovered approximately $10,000.00 for her injuries. Although the petitioner does not remember the year, apparently she had another accident during the course of her employment when she fell in the respondent's parking lot and injured her left knee and left foot. She was treated by Dr. Staggers and was out of work for two weeks. Petitioner made no claim for that accident. Not only did petitioner have the aforementioned accidents, but during the course of her employment with the respondent she had two other accidents which caused orthopedic injuries: In 1995 she had another automobile accident in which she reinjured her neck and back. Again apparently again in 1995 she fractured her left ankle. Petitioner was also treated for a fracture of the finger and left knee injury, as well as for neck and shoulder complaints as well as headaches. Moreover, in July 2001, four years after she terminated her employment with the respondent, she fractured her right foot at home which required an open reduction and internal fixation. The rods were eventually surgically removed. Petitioner is currently taking Darvocet N and extra-strength Tylenol three or four times a day for her back, neck knee and foot pain. Petitioner's orthopedic complaints are: Pain in her lumbar spine, which becomes worse when she sits for more than one-half an hour or walks a half a clock. Petitioner also has pain in her cervical and lumbar spine, both hips and knees. She also experiences cramping in her right hand when she does a lot of writing. Cold and damp weather aggravates her orthopedic complaints. As to petitioner's psychiatric disability, she indicated that she feels depressed because she cannot do the things that she once was capable of doing. However, petitioner testified that she never sought psychiatric treatment, nor has she ever taken any...