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Benjamin v. Lafayette Parish School Board11/10/2004
AFFIRMED.
Claimant, Dexter Benjamin, appeals a decision of an Office of Workers' Compensation Judge (WCJ) in favor of Defendant, the Lafayette Parish School Board, dismissing Claimant's petition for additional benefits past December 2002, when Claimant's treating physician opined that Claimant had reached maximum medical improvement. We affirm the decision of the WCJ.
PROCEEDINGS BEFORE THE WORKERS' COMPENSATION JUDGE
The WCJ, after carefully and thoroughly considering all the evidence and testimony, issued the following "REASONS FOR JUDGMENT," with which we agree and adopt as our own (emphasis ours):
This matter came for trial on the issues of whether the claimant's current left arm complaints are related to his 1996 work accident and whether the employer properly terminated workers' compensation indemnity benefits as of January 28, 2002. For the reasons that follow, the Workers' Compensation Judge ("WCJ") finds in favor of the employer on both issues.
In June 1996 Dexter Benjamin ("Benjamin") was employed as a custodian with the Lafayette Parish School Board ("School Board"). On or about June 3, 1996, he slipped and fell while working resulting in injuries to his neck and back. The current claim concerns impingement tendonitis at the left shoulder. That diagnosis was not made until some two years after the 1996 accident and after an intervening motor vehicle accident in January of 1998. Therefore, the development of shoulder symptoms must be viewed both before and after the January 1998 accident.
Immediately after the 1996 accident, Benjamin treated with Dr. St. Cyr and Dr. Nickerson. The parties did not provide those initial records of treatment so the WCJ has no information about Benjamin's complaints immediately after the work accident. The first available report is that of Dr. David S. Muldowny, the orthopedic surgeon who treated Benjamin for the work accident. Dr. Muldowny's December 16, 1996 report begins with the following history: "This is a 37 year old male, complaining of primarily neck pain, but also low back pain since June of 1996." Under "Current Symptoms" Dr. Muldowny notes: "He is complaining of neck pain, headaches, occasional right arm pain and shoulder pain with a bilateral shocking sensation in his hands." Dr. Muldowny considered surgery as an option.
On March 11, 1997, Benjamin was examined by Dr. Gregory Gidman, the employer's choice of orthopedic specialist. In his "cervical spine & upper extremity exam" Dr. Gidman found no muscle atrophy or muscle fasciculation in the upper extremities. The shoulder range of motion was full.
Dr. Muldowny had Benjamin seen by Dr. Cobb for a discogram. The discography report of June 12, 1997 indicated three levels of cervical disease but noted "the 5-6 level was the level that reproduced the left arm pain" and "was the worse space in terms of pain with reproduction of neck pain and left sided radiculitis." In September 1997 Dr. Muldowny perfomed an anterior cervical fusion at three levels. After the surgery, Dr. Muldowny saw Benjamin on October 2, November 6, and December 4, 1997. At the visits in October and November, Benjamin made no complaints of arm or shoulder pain. (Dr. Muldowny's deposition, page 23). In his report of December 4, the doctor noted Benjamin was still having significant pain, with some pain in the shoulder blade region. Dr. Muldowny testified since he did not indicate the pain was on either one side of the body or the other and assumes it was on both sides. (Dr. Muldowny deposition, page 25).
The December 4, 1997 exam was the last physical examination of Benjamin prior to the January 1998 motor vehicle accident.
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