CP# 2010-32557. Myriam Sanchez, Petitioner vs. The Gap, Respondent.

• Court: New Jersey

New Jersey Workers Compensation 2011. CP# 2010-32557. Myriam Sanchez, Petitioner vs. The Gap, Respondent CP# 2010-32557 Myriam Sanchez, Petitioner vs. The GapSTATE OF NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATION ELIZABETH VICINAGE C.P.# 2010-32557Myriam Sanchez, Petitioner vs.The Gap, RespondentDECISION This is the matter of Myriam Sanchez v. the Gap, C.P. No. 2010-32557. This case comes before me as a Motion for Medical Treatment and Temporary Disability Benefits. The issue is whether the Petitioner is entitled to treatment to her neck and right shoulder. PROCEDURAL HISTORY On January 26, 2011, the Petitioner filed a Notice of Motion for Medical Treatment and Temporary Disability Benefits seeking treatment to her neck and right shoulder. The Respondent filed an Answering Statement opposing said Motion on February 16, 2011. TESTIMONY The Petitioner testified that she has pain in her neck area. She takes pain medication every 6 hours. She indicated that she cannot lift or grasp objects. She noted that a can of milk is the most that she can lift. She said that she cannot sweep or mop. She cannot sleep on her right side. The Petitioner stated that her neck always hurts. She noted that walking causes her pain in her shoulder. In addition, the she testified that if she walks around the block, she develops pain in her neck and right shoulder areas. She also complained that she had to have her hair cut a certain way because she cannot wash her hair with her right hand. She testified that due to the fact that she has problems doing chores around her home that her sister does the housekeeping. Dr. Kulkarni testified on behalf of the Petitioner. He testified that the Petitioner had tenderness and muscle spasms in her neck and there was some loss of curvature of her neck. He indicated that when he tried to move her neck into different positions, this movement caused her pain. In reference to the examination of the Petitioner's right shoulder, he indicated "that there was atrophy of the trapezoid and deltoid muscle as well as the head of the humerus on the right which was more prominent than the left because of the atrophy." He also stated that there was crepitus when he tried to move her right shoulder into different directions. Dr. Kulkarni reviewed the MRI films regarding...