KATHY A. VELKY CLAIMANT-APPELLANT
v.
REGIONAL SCHOOL DISTRICT #12 EMPLOYER
and
CIRMA INSURER RESPONDENTS-APPELLEES
No. 6368 CRB-7-20-1
Connecticut Workers Compensation
Compensation Review Board Workers Compensation Commission
December 3, 2020
This
Petition for Review from the December 16, 2019 Finding and
Dismissal of Michelle D. Truglia, the Commissioner acting for
the Seventh District, was heard June 26, 2020 before a
Compensation Review Board panel consisting of the Commission
Chairman Stephen M. Morelli and Commissioners William J.
Watson III and Carolyn M. Colangelo.[2]
The
claimant appeared at oral argument before the board as a
self-represented party. At the trial level, the claimant was
represented by Clayton J. Quinn, Esq., The Quinn Law Firm,
L.L.C.[1]
The
respondents were represented by Colette S. Griffin, Esq.,
Howd & Ludorf, L.L.C.
OPINION
STEPHEN M. MORELLI, CHAIRMAN.
The
claimant has appealed from a Finding and Dismissal (finding)
wherein the trial commissioner, Michelle D. Truglia
(commissioner), determined the claimant’s need for
rotator cuff surgery was not compensable. The claimant argues
that this decision was against the weight of the medical
evidence. Upon review we find this case turned on evaluating
the persuasiveness of contested opinions as to the causation
of the claimant’s injury. The commissioner found the
respondents’ examiner and the commissioner’s
examiner, both of whom opined the need for surgery was not
work related, more persuasive than the claimant’s
treating physician. Having reviewed the record, we find this
conclusion reasonable and as an appellate panel we are
compelled to affirm the finding.
The
commissioner found the following facts which are pertinent to
our inquiry. She noted that the claimant had sustained a fall
down incident at work in 2011 that resulted in injuries to
her back, shoulders and knees and that the parties had
executed a voluntary agreement approved November 30, 2015,
where the respondents accepted those injuries as compensable.
See Findings, ¶¶ 1-4. Accordingly, the issue under
dispute was the extent of the claimant’s further
disability from these injuries and whether the rotator cuff
surgery performed by Dennis Rodin, M.D, on September 4, 2018,
was causally related to the 2011 compensable injury. The
commissioner reviewed the medical history of the claimant
subsequent to the 2011 injuries. She noted that in 2012, the
claimant underwent physical therapy for shoulder tendonitis.
Richard Manzo, M.D., following an October 3, 2012
examination, opined the claimant was not a surgical candidate
for her left shoulder. In late 2013, the claimant was
referred to Rodin, who on January 14, 2014, diagnosed the
claimant with “frozen shoulder” and referred the
claimant for physical therapy. On May 1, 2014, he recommended
trigger point injections. Findings, ¶¶ 10-11.
In
2015, the claimant underwent both a respondents’
medical examination (RME) and a commissioner’s
examination. The RME occurred January 23, 2015 and was
performed by Kevin P. Shea, M.D. See Findings, ¶ 12.
Shea opined that the claimant suffered from myofascial pain
emanating from her trapezius and pectoralis major and did not
see any evidence that her C5/6 disc or her rotator cuff were
pain generators. He felt the claimant had reached maximum
medical improvement but could benefit from further trigger
point injections and physical therapy. Id. The
commissioner’s examination was performed on May 25,
2015 by Michael J. Kaplan, M.D. See Findings, ¶ 13.
Kaplan opined that most of the claimant’s symptoms were
related to her scapula and paracervical musculature. He did
not believe that the claimant’s calcific changes to her
shoulder were related to the compensable injury and further
did not believe the claimant was a candidate for surgery.
Id. Subsequent to those examination, on February 5,
2016, Rodin stated that despite the trigger point injections
the claimant still felt pain and thought surgery was the next...
