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Igawa v. Koa House Restaurant2/2/2001
of the 1975 accident, and that the pre-existing lesion had in any event not hemorrhaged as a result of the 1991 industrial accident.
After a hearing on September 6, 1994, the DLIR issued a November 15, 1994 Amended Decision and Order, in which the DLIR found that "there is insufficient medical evidence to rebut Dr. Hosobuchi's opinion that claimant's headaches and seizures are not caused by the hemorrhaged angioma. Also, the medical evidence on file supports the fact that since said accident, claimant started having headaches and seizures. We note that claimant did have headaches prior to date of accident, but they had resolved before claimant had said work-related accident."
The DLIR thereupon ordered that the Employer "pay for such medical care, services and supplies as the nature of the injury may require, to include surgery to remove lesion from the right frontal lobe." The DLIR also awarded Igawa temporary total disability benefits. The DLIR left the issues of permanent disability and disfigurement for determination at a later date.
The Amended Decision and Order read as follows:
On October 3, 1991, claimant was in the employ of [the Employer]; on said date, claimant sustained a personal injury to the head by accident arising out of and in the course of employment; said injury was not caused by claimant's wilful intention to injure oneself or another nor by intoxication. As a result of said injury, claimant was temporarily and totally disabled from work beginning (waiting period: November 9, 1991 through November 10, 1991; November 13, 1991) November 14, 1991 through November 17, 1991; April 5, 1992 through April 13, 1992; April 24, 1992 and continuing until such time as is determined by the Director that such disability has ended. The matters of permanent disability and/or disfigurement, if any, shall be determined at a later date. The average weekly wages of the claimant were $290.00.
A hearing was held on September 6, 1994 to determine further medical liability, and other related issues.
Claimant contends that employer should authorize surgery which was recommended by Y. Hosobuchi, M.D., who was a referral from Kenneth Nakano, M.D., claimant's attending physician. Dr. Hosobuchi opines that the surgery should stop claimant's continued headaches and seizures. In his independent medical examination (IME) of June 28, 1992, scheduled by employer, James Pierce, M.D., opines that claimant's headaches are related to said work accident.
Claimant states that he sees "stars" and Dr. Hosobuchi told him that the surgery should stop this. He also has had a bad memory since the work-related accident. He has right leg and arm numbness and is not that balanced and has light-headedness when he suffers the seizures.
Employer denies liability for the surgery since it is not required by the nature of the injury. Maurice Nicholson, M.D., opines in his IME of December 4, 1993, that there is no basis to relate claimant's frontal lobe lesion to the date of said accident. Further, a CT scan of October 30, 1991 shows that the lesion is from the old injury in 1975 and that there is no mass from the lesion and that there is no indication for surgery.
Juris Bergmanis, M.D., opines in his report of April 22, 1994, that claimant's right frontal lobe cyst is related to the old injury of 1975. He also goes on to indicate that he agrees with Dr. Nicholson's conclusions. Dr. Bergmanis notes that no angiogram was done to confirm angioma and that surgery is not necessary and will not alleviate claimant's headaches.
Upon review of the entire matter, it is determined that the surgical excision of the lesion from
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