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Bowden v. GateHouse Catering1/31/2005
the report of Dr. Louis Mariorenzi is clinically consistent with what I have outlined and his physical findings are essentially those which I have found. I agree with his evaluation on findings of the MRIs of both the cervical and lumbar spine studies. In addition, the electromyogram and nerve conduction studies have not changed significantly. The one aspect of her complaints is their persistence without being able to find adequate pathology to support the complaints. This raises a strong probability that there is a functional element present. I believe that she should have psychological help to cope with her problems, particularly to help her to discontinue the pain medication that she is demanding. Until this help is forthcoming, I find her totally disabled."
Although Dr. Welch states that the employee is totally disabled, he cannot say what is causing the disability. A review of the reports of the physicians who have seen Ms. Bowden all seem to have the same difficulty determining the cause of her severe and persistent complaints. None of the physical examinations have revealed any objective physical findings of any significance. The focus is basically on the employee's complaints of pain throughout various parts of her body, which no one can explain.
Dr. Mariorenzi pointed out the inconsistencies in the employee's history and the fact that the results of the diagnostic testing have not revealed any significant abnormalities, nor have they changed as compared to the results before the fall at work. Considering all of the evidence presented in this matter, I find the testimony and opinions of Dr. Mariorenzi to be the most persuasive and probative. The fall at work on July 25, 1998 caused only soft tissue injuries which resolved by October 19, 1998, leaving the employee in the same physical condition she was in prior to the injury.
I, therefore, find as a fact:
1. That the employee sustained a personal injuries, specifically, a cervical strain and a lumbar strain, on July 25, 1998, arising out of and in the course of her employment with the respondent, connected therewith and referable thereto, of which the respondent had knowledge.
2. That the employee's average weekly wage is Seven Hundred Eighty-eight and 46/100 ($788.46) Dollars.
3. That the employee has received some Temporary Disability Insurance benefits.
4. That the employee received some weekly workers' compensation benefits pursuant to a Non-Prejudicial Agreement and the pretrial entered in this matter on January 6, 1999.
5. That the employee was partially disabled from July 26, 1998 through October 19, 1998 due to the effects of the work-related injury.
It is, therefore, ordered:
1. That the employer shall pay to the employee weekly benefits for partial incapacity from July 26, 1998 through October 19, 1998.
2. That the employer shall take credit for any weekly benefits paid to the employee pursuant to the Non-Prejudicial Agreement and the pretrial order entered in this matter.
3. That the employer shall reimburse the Temporary Disability Insurance Fund for any benefits paid to the employee during the period of disability noted above and shall take credit in that amount against any weekly workers' compensation benefits owed to the employee.
4. That the employer shall pay all reasonable charges for medical services rendered to the employee in order to cure, rehabilitate or relieve the employee from the effects of the work-related injuries she sustained on July 25, 1998.
5. That no witness fees, counsel fees, or costs are awarded as the employee has not obtained a
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