CP# 93-59367(2002). Florke vs. Visiting Homemaker's Service of Ocean County.

CourtNew Jersey
New Jersey Workers Compensation 2002. CP# 93-59367(2002). Florke vs. Visiting Homemaker's Service of Ocean County CP# 93-59367 Florke vs. Visiting Homemaker's Service of Ocean CountySTATE OF NEW JERSEY DEPARTMENT OF LABOR DIVISION OF WORKERS' COMPENSATION OCEAN COUNTY DISTRICT C.P. # 93-59367 ELIZABETH FLORKE, Petitioner vs. VISITING HOMEMAKERS SERVICE OF OCEAN COUNTY, Respondent vs. SECOND INJURY FUND DECISIONAPPEARANCES: For the Petitioner: DAVID A. SEMANCHIK, Esquire For the Respondent: HOWARD W. CRUSEY, Jr., Esquires by: RALPH BAROSKA, Esquire For the Second Injury Fund: DAVID SAMSON, Esquire, Attorney General by: LOIS J. GREGORY, Esquire, Deputy Attorney GeneralLAWRENCE G. MONCHER, J.W.C.: Mrs. Florke is a 43 year old totally disabled former certified home health aide. On September 22, 1993, she was at work at a patient's home when she fell to the ground injuring her cervical and lumbar spine. She sustained a herniated disc at L4-L5 and has undergone a laminectomy, followed by a fusion from L4 to S1, implantation of a bone simulator, and a third procedure of removal of the simulator. Unfortunately she has been left with substantial physical impairment including constant back pain, left leg radicular symptoms which interfere with her gait, and head aches. Her symptoms from this injury require a combination of anti-depressant, anti-inflammatory, and strong pain medication. Further treatment has not been attempted because it is doubtful that she would be benefitted by further surgery. Mrs. Florke's impairment has been further enhanced by her physical size. She is 5 foot, five inches tall and weighs in excess of 350 pounds. She has gained approximately 50 pounds since her last surgery. She has always been a large woman, but weighed only 225 pounds before this accident. There is no doubt that her post surgery symptoms have been enhanced by the her increased weight and treatment options have been curtailed because of her obesity. The respondent has paid adequate temporary disability and provided necessary and reasonable treatment by capable competent physicians. No one could have done more. The respondent has been paying disability benefits on account of the anticipated award of total disability. Respondent has agreed that petitioner is totally permanently disabled, the only issue is whether her obesity is...

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