IN THE MATTER OF THE CLAIM OF: PATRICIA P HERNANDEZ CHAIREZ, Claimant,
EMPLOYBRIDGE HOLDING COMPANY, Employer,
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,
RITSEMA & LYON PC, Attn: RICHARD A BOVARNICK ESQ, (For
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.
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.
claimant underwent an MRI on August 9, 2017, which showed
labral degeneration and a probable superimposed labral tear.
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.
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.
Shah re-evaluated the claimant on October 26, 2017, and again
recommended surgical intervention. Dr...