ALJ LEE ROMERO JR. AWARDS PERMANENT TOTAL BENEFITS TO CLAIMANT

THERESA C. RODRIGUEZ v.ARMY CENTRAL INSURANCE FUND
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Excerpts

In the present matter, Claimant contends she suffered a

work-injury on October 18, 2007. She contends that she suffered
a compensable neck, lower back and left shoulder injury. Employer concedes that Claimant suffered a cervical sprain or strain, but they argue that the injury did not extend to a ruptured cervical disc or any cervical disc injury which could be remedied by the surgery performed by Dr. Smith. It contends Claimant has not presented credible evidence showing that her present symptoms arose out of her employment with Employer.



The Employer argues the Claimant’s back and neck problems are
compensable because she suffered from pre-existing arthritis
and degenerative disc disease which were not aggravated or accelerated by the work injury. Dr. Xeller diagnosed Claimant with resolved cervical and lumbar sprains, which had resolved in three to four months. He opined the October 2007 work-accident did not cause spurs or degeneration. Dr. Xeller further opined that the cervical surgery was performed because of

Claimant’s arthritis, which pre-existed the injury.

Conclusion

1. Employer shall pay Claimant compensation for temporary

total disability from December 15, 2008 to March 20, 2009, based

on Claimant's

average weekly wage of $421.10, in accordance with the provisions of Section 8(b) of the Act. 33 U.S.C. § 908(b).

2. Employer/Carrier shall pay Claimant compensation for

permanent total disability from March 21, 2009 to May 6, 2009,

based on Claimant's

average weekly wage of $421.10, in accordance with the provisions of Section 8(a) of the Act. 33

U.S.C. § 908(a).

3. Employer shall pay all reasonable, appropriate and

necessary medical expenses arising from Claimant’s

October 18, 2007, work injury, pursuant to the provisions of Section 7 of

the Act, consistent with this Decision and Order.

4. Employer shall receive credit for all compensation

theretofore paid, if any, as and when paid.

5. Employer shall pay interest on any sums determined to

be due and owing at the rate provided by 28 U.S.C. § 1961

(1982); Grant v. Portland Stevedoring Co., et al., 16 BRBS 267

(1984).

6. All computations of benefits and other calculations

which may be provided for in this Order are subject to

verification and adjustment by the District Director.