CP# 95-027113 (2002). Paul Young, Petitioner v. CBI Services, Respondent.
Court | New 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both been withdrawn by petitioner.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...
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