CP# 95-027113 (2002). Paul Young, Petitioner v. CBI Services, Respondent.

CourtNew Jersey
New Jersey Workers Compensation 2002. CP# 95-027113 (2002). Paul Young, Petitioner v. CBI Services, Respondent CP# 95-027113 Young vs. CBI ServicesState of New Jersey Department of Labor Division of Workers' Compensation Lebanon Claim Petition 95-027113Paul Young, Petitioner v. CBI Services, RespondentDECISION on MOTION FOR MEDICAL TREATMENT and TEMPORARY DISABILITY BENEFITSBefore: Elaine B. GoldsmithJudge of CompensationAppearances: Levinson Axelrod, Esquires By: Michael Mizen, Esquire Richard Marcolus, Esquire Attorneys for PetitionerRobert Gunn, Esquire Attorney for Respondent Petitioner brings this matter before the court on three Motions for Medical Treatment and Temporary Disability Benefits. The first motion requested reimbursement to petitioner for payment of numerous prescriptions and payment of future prescriptions, payment to authorized treating doctors of approximately $800, membership to a health club prescribed for exercise subsequent to his cervical laminectomy, and the installation of a Jacuzzi in his home. Respondent's ("CBI") counsel informed the court that he had instructed his client to pay the presently known pharmaceutical and doctor bills in full. As to the issue of future prescriptions, he had given that request to the case manager for review and consideration. Respondent objected to the petitioner having unlimited access to a health club without supervised care but had no problem with authorizing physical therapy with an authorized physical therapist to ensure the correctness of any exercises. This objection was based upon petitioner's previous experience of tearing his surgically repaired left rotator cuff during physical therapy while under supervised care. Respondent also objected to the request for the Jacuzzi. It is my understanding that during the proceedings the requests for the health club and Jacuzzi have both been withdrawn by petitioner. In the second motion, petitioner requested temporary disability benefits at the rate of $460 per week from December 10,1994 , the date of the accident through September 21, 1998, the date of Dr. Gallick's examination, exclusive of February 15, 1995 through August 18, 1995 already paid by respondent. There was some confusion about a $13,000 check in payment for the period August 18, 1995 through March 8, 1996. On the witness stand petitioner admitted that he probably received the check, so I consider the matter of the check resolved. Parties have agreed that the issue of temporary disability will be put aside pending the determination on three issues of treatment. The third motion was filed during the hearing of the first two motions. This one requested treatment for his right shoulder, lower back and two knees which petitioner claimed were causally related to the accident. The issues for determination are whether petitioner's both knee problems are causally related to his accident; whether surgery is the proper course of treatment for the pain in his lower back with radiculopathy down his left leg; whether the torn right rotator cuff is causally related to the petitioner's accident. If it is found that any one or more of the physical problems are related to the accident, it would be respondent's responsibility to provide medical treatment. On October 12, 1994 working in New Jersey for respondent, petitioner fell approximately seven feet through a hole in the floor of a tower, injuring his left shoulder, left elbow, neck and lower back. Taken to the emergency room of Underwood Memorial Hospital his wounds were dressed, arm placed in a sling and he was told not to work for the next two weeks and then return to the hospital. He was paid until November 6, 1994 and then laid off. Returning to his home in Texas, he worked a week for Cimko until December 10 doing what he described as "babysitting a part of the plant that was down for work". Mr. Young insists that respondent authorized treatment with Dr. O'Neill, his personal physician because when he went for the visit on December 10,1994, the doctor told him he was authorized to treat only his left elbow and left shoulder. After diagnosing a torn left rotator cuff, Dr. O'Neill ordered three weeks of physical therapy and an arthrogram performed in January 1995. Petitioner received a letter from Crawford andamp; Company stopping treatment with Dr. O'Neill, directing him to see Dr. Gartsman on February 15, 1995. Up to that point Mr. Young was not receiving any temporary disability benefits. After examination, Dr. Gartsman agreed with Dr. O'Neill that petitioner had a left shoulder torn rotator cuff but wanted to check with a neck and back specialist before surgery. From May to August petitioner continued seeing authorized physicians Dr. Williamson for his neck and back and Dr. Crouch for his elbow. In July 1995, there was an MRI of the cervical and lumbar spine. Surgery on the left shoulder was performed and physical therapy was granted from May 1995 through May 1996. During the physical therapy session petitioner claims that he re-tore the left rotator cuff. Petitioner also claims that his right shoulder started bothering him during this period. Interest was primarily focused on the left shoulder, and Dr. Gartsman's request for permission to take another MRI of the left...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT