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Arbtin v. Puritan Manufacturing Co.5/17/2005
d that Arbtin was employed with Puritan on September 15, 2000, and that he suffered a work-related accident, but Puritan "dispute the nature and extent" of Arbtin's injuries. Puritan further claimed that all benefits due to Arbtin had been paid and denied all other allegations made by Arbtin.
In a pretrial order filed on July 9, 2003, the compensation court noted that the parties had stipulated that Arbtin was employed by Puritan at the time of the accident and that he "suffered a left shoulder injury . . . in an accident arising out of and in the course of his employment." The parties further stipulated that Arbtin was temporarily totally disabled for 57 weeks--from December 31, 2000, to February 2, 2002--and that Arbtin's shoulder injury had resulted in a 10-percent permanent impairment to his left arm. This left the following issues to be decided at trial: the amount of Arbtin's average weekly wage on September 15, 2000, whether Arbtin suffered a herniated cervical disk as a result of the work-related accident, the extent and duration of any temporary disability caused by Arbtin's herniated cervical disk after February 2, 2002, whether Arbtin was entitled to surgery to treat his herniated cervical disk, and whether Arbtin was entitled to payment of medical bills incurred as a result of his herniated cervical disk.
A trial was held on July 16, 2003. The parties entered numerous exhibits prior to any testimony, including Arbtin's medical records and a "wage statement" detailing the hours worked by Arbtin for Puritan in the 26 weekly pay periods prior to his work-related accident on September 15, 2000. Arbtin testified in his own behalf, stating that he was a welder for Puritan and that he was injured while he was performing his duties for Puritan on Friday, September 15. Arbtin said that when the accident occurred, " t wasn't really painful. I just felt pulled. I mean, it's hard to describe; jerked." Arbtin testified that he first sought medical treatment for his injuries at Midwest Minor Medical (Midwest) on September 18. Arbtin testified that Midwest restricted him to light duty and that he received physical therapy beginning on approximately October 1. He first saw Dr. David Clough on October 13, and Arbtin testified Dr. Clough's prognosis was that Arbtin "had a rhomboid or a muscle strain" and that he should be recovered within a month. Arbtin said that Dr. Clough had indicated that Arbtin's injury was "a Workers' Compensation injury within a reasonable degree of medical certainty."
Arbtin next testified that he saw Dr. Yvonne Stephenson on December 30, 2000. Arbtin testified:
I was removing a battery from my car, and . . . it was a light battery from Walmart, and the pain in my shoulder, the aggravation all came back, and all this in the same areas that happened on September 15th, and . . . I didn't have insurance because Puritan had terminated me, and they canceled my insurance immediately, and I didn't have my insurance, so I was kind of afraid to go to a doctor, but with the pain I was in, I went to a doctor.
When asked if he saw Dr. Clough again, Arbtin testified that he saw Dr. Clough on January 3, 2001, and that he told Dr. Clough about "what had happened when lifted the battery out of car." Arbtin said that he "went [to see Dr. Clough] like [he had] always done when had pain, [he would] point to where the areas were, the neck and upper shoulder, where the neck meets the back . . . all the same areas." Arbtin testified Dr. Clough told Arbtin that nothing was wrong with him and that he should go back to work; but Arbtin was still in severe pain.
Arbtin testified that after being discharged by Dr. Clough, Arbtin was examined
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