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Bowden v. GateHouse Catering1/31/2005
DECISION
This matter is before the court on the employee's Original Petition for workers' compensation benefits in which she alleges that she sustained multiple injuries on July 25, 1998 during the course of her employment with the respondent, which resulted in incapacity from July 26, 1998 and continuing. The petition was granted at the pretrial conference and the employee was awarded weekly benefits for partial incapacity from July 26, 1998 to October 22, 1998 for lumbar and cervical strains. The employee claimed a trial in a timely manner.
The employee, a 38 year old female, testified that she previously injured her low back in 1985 while lifting a bag of coins from a coin-operated copy machine. She also had complaints of pain in both legs at that time. She moved to Rhode Island from Connecticut shortly thereafter and began treating for the back injury with Dr. Paul Welch, a neurosurgeon. She had a myelogram and CT scan and Dr. Welch performed a lumbar laminectomy in March 1986. After the surgery, she continued to have pain in the low back and right leg, but it was less severe. However, on cross-examination, she admitted that she continued to treat for pain in her back and both legs and even underwent another myelogram and facet blocks. During this time, Ms. Bowden was receiving workers' compensation benefits. She settled her case sometime in 1989. The employee continued to see Dr. Welch and remained out of work until 1989 or 1990.
At that time, Ms. Bowden began working at Filene's in the cosmetics department. Dr. Welch actually discharged her from his care with the recommendation of no heavy lifting. She left Filene's after about six (6) months and began working as the front desk manager for Athletic Clubs of America (Celebrity Courts in Warwick, Rhode Island). Ms. Bowden eventually moved up to full-time work as a sales manager and then was promoted to the general manager of the facility. She continued working there until the facility closed in 1994.
In November 1994, the employee was hired by Lombardi Chiropractic Center as a physician's assistant and receptionist. She explained that in the summer of 1995, she began to experience numbness and tingling in her forearms, particularly the right side. She discussed it with her employer and Dr. Lombardi began giving her manipulation treatments. However, Ms. Bowden developed pain in the neck and then the low back to the point where she could not use her arms anymore to do anything. She decided to see Dr. Welch again for her problems.
Dr. Welch sent her for some tests and then performed surgery, a cervical fusion, in late 1995, which relieved the pain in her arms. She was out of work for almost two (2) years. She also had low back pain radiating into her left leg during this time which was treated conservatively.
In July 1997, she took a position as office manager for the Shepherd of the Valley United Methodist Church. Although she continued to have some discomfort and tightness in her neck, some mild discomfort in her low back, and intermittent discomfort in both legs, she was still able to perform the job on a part-time basis. In September 1997, she took on another part-time job at the Velvet Dance Club. Ms. Bowden was responsible for hiring and firing personnel, opening and closing the club, keeping an inventory of the liquor stock, and producing reports of receipts. The club closed in November 1997 and she went to work at a restaurant, Grill 262, basically performing the same duties. She was working about 50 to 55 hours a week between the job at the church and the job at Grill 262.
From January to July 1998, Ms. Bowden was still under the care of Dr. Welch for low back pai
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