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Pedchenko v. Narragansett Electric Co.1/31/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the petitioner/employee's appeal from the decision and decree of the trial judge in which he was awarded weekly benefits for a work-related injury to his neck, but was denied payment for surgery performed on his neck. After careful review of the record and consideration of the arguments of the parties, we grant the employee's appeal and reverse the decision of the trial judge.
The employee had worked for Narragansett Electric for thirty-three (33) years in different positions. Since about 1998, he had been working in a light duty job because he had injured his back at work and had certain restrictions on lifting. The light duty job involved doing clerical work as well as delivering and picking up stock. On July 3, 2002, the employee was involved in a motor vehicle accident while returning from a trip to pick up parts. He was taken by rescue to St. Joseph's Hospital/Fatima Unit with complaints of pain in his left shoulder. He was discharged after a few hours and a supervisor gave him a ride back to the company where he filled out an accident report.
The following day was a holiday and the employee had a vacation day the next day. He returned to work on Monday and the employer sent him to Occupational Health and Rehabilitation for evaluation. He was seen there a number of times and also treated with his personal physician, Dr. Christopher Huntington. He continued to work full-time at the light duty job until January 14, 2003 when he stopped working on the recommendation of Dr. Huntington. He testified that the pain in his neck and left shoulder had progressively gotten worse. The doctor performed surgery on his neck on February 24, 2003. The employee returned to work on July 9, 2003. He stated that he no longer has any problem with his left shoulder and only has some pain at the base of his neck from the incision.
Mr. Pedchenko stated that he never sustained an injury to his neck or left shoulder prior to the accident on July 3, 2002. He had seen Dr. Huntington about a month before the accident because of some soreness in his neck. The doctor gave him a prescription for a muscle relaxant and the complaints improved.
The medical evidence consists of the records of St. Joseph Health Services/Our Lady of Fatima Hospital, Occupational Health and Rehabilitation, and Dr. Paul Keefe, as well as the depositions and records of Drs. Christopher F. Huntington and A. Louis Mariorenzi. The hospital records reflect that the employee complained of neck pain on the left side and left elbow pain. He was treated for a cervical sprain and elbow contusion and released.
Mr. Pedchenko was seen at Occupational Health and Rehabilitation on July 8, 2002 by Dr. Steven G. McCloy. He also diagnosed a cervical strain as a result of the motor vehicle accident on July 3, 2002 and referred the employee for physical therapy. He did allow the employee to continue working in the job he was performing at the time of the accident. Mr. Pedchenko attended physical therapy three (3) times a week for about two (2) weeks. He stopped going to therapy because he felt that it was not helping his condition. He continued to have some residual pain in his neck on the left side.
Dr. Keefe, the company doctor, saw the employee on August 15, 2002 and agreed with the diagnosis of cervical strain. He did not impose any further restrictions on his activities. The doctor noted that he doubted that the neck problem would require surgery.
Dr. Christopher F. Huntington, an orthopedic surgeon, saw the employee on July 30, 2002 and noted tenderness in the cervical area. He had dynamic lat
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