In re Claim of Chairez, 011619 COWC, 5-057-220-001

Docket Nº:W.C. 5-057-220-001
Case Date:January 16, 2019
Court:Colorado
 
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IN THE MATTER OF THE CLAIM OF: PATRICIA P HERNANDEZ CHAIREZ, Claimant,
v.
EMPLOYBRIDGE HOLDING COMPANY, Employer,
and
XL INSURANCE AMERICA INC, Insurer, Respondents.
W.C. No. 5-057-220-001
Colorado Workers Compensation
Industrial Claim Appeals Office
January 16, 2019
          CAMERON W TYLER AND ASSOCIATES PC, Attn: CAMERON W TYLER ESQ, (For Claimant)           RITSEMA & LYON PC, Attn: RICHARD A BOVARNICK ESQ, (For Respondents)           FINAL ORDER          The respondents seek review of an order of Administrative Law Judge Cayce (ALJ) dated July 31, 2018, that determined the claimant sustained a compensable injury and ordered the respondents to authorize the proposed labral repair surgery for the claimant’s right shoulder as requested by Dr. Shah. We affirm the ALJ’s order.          This matter went to hearing on the issues of compensability and, if determined compensable, whether the “surgery recommended by Dr. Shah is reasonable, necessary and causally related to the compensable injury.” After hearing the ALJ entered factual findings that for purposes of appeal can be summarized as follows. The claimant works as a production assistant assembling parts for firearms. The ALJ determined that the claimant sustained a compensable injury to her right shoulder on May 25, 2017, while working on an arbor press machine. The claimant reported the injury to her employer and was eventually referred to Dr. Otten. Dr. Otten diagnosed the claimant with a repetitive strain of the right shoulder, performed a steroid injection and released the claimant to modified duty. The claimant continued to see the Physician’s Assistant, Donald Downs, complaining of pain in her shoulder.          The claimant underwent an MRI on August 9, 2017, which showed labral degeneration and a probable superimposed labral tear.          Dr. Shah performed an orthopedic consultation on August 17, 2017, upon referral from Dr. Otten. He diagnosed the claimant with a right shoulder labral tear, arthritis of the right acromioclavicular joint and recommended surgical treatment to improve the claimant’s pain and function.          Dr. Douthit performed a Rule 16 medical record review for the respondents. Dr. Douthit diagnosed the claimant with work-related aggravated tendinitis/bursitis of the right shoulder and determined that the MRI findings were not causally related to the June 8, 2017, work injury.          Dr. Shah re-evaluated the claimant on October 26, 2017, and again recommended surgical intervention. Dr...

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