Employee: Francisco Gomez
Injury No. 98-176407
Employer: Output Technologies
Insurer: Travelers Insurance Company
Additional Party: N/A
Hearing Date: August 1, 2011
Briefs Filed: September 1, 2011
Checked by: KJC/1h
Prior to the hearing, the parties entered into various admissions and stipulations. The remaining issues were as follows:
- Accident;
- Notice;
- Nature and extent of any disability sustained by the employee; and
- Liability of the employer for past and future medical aid.
At the hearing, Mr. Francisco Gomez (hereinafter referred to as Claimant) testified that he was born on June 2, 1957 in Mexico. He stated that he became a United States citizen in 1985.
Claimant testified that he obtained his high school diploma in 1987. He stated that he had also received training in welding and that in 1995 he earned an associate's degree in applied science.
Claimant testified that in 1985 he was hired by Output Technologies as a machine operator. He stated that his job required him to maintain and install machines, do paperwork and to understand warehouse operations. He stated that he sustained two injuries while at work at Output.
Claimant testified that his first injury occurred on January 1, 1998, while he was installing a roll of floor mats. He stated that the roll which was "standing up" began to fall as a co-worker passed in front of it. He stated that he grabbed the roll and that in so doing he felt pain in his back between his shoulder blades. He stated that he could not move his arms.
Claimant testified that he immediately reported the injury to his employer. He stated that although he received some treatment for his injuries; it did not relieve his back pain. He described his alleged back pain as stabbing, and indicated that it radiated down his arms, but not into his neck area. He stated that his arms felt weak and numb and with electric shock type sensations.
Claimant testified that on August 25, 1998, he sustained another injury at work. He stated that the injury occurred as he was removing a 50 to 60 pound motor from a machine. He stated that while holding the motor it "pulled" him and that he felt severe pain in his low back. He indicated that he immediately reported the injury and that his employer referred him for treatment. He stated that while in therapy for his low back pain, he injured his neck. He stated that he last worked in 2000.
Claimant indicated that in 2005 he had a laminectomy and fusion at the L4-L5 disk level. He stated that he had neck surgery in 2002 and that in 2010 another neck surgery to "fix it".
Claimant admitted that in 2000 he was involved in a motor vehicle accident. He stated that the accident occurred when his pick-up truck was rear ended by another truck on the highway. He stated that in the accident his head struck the rear window of his truck and that he did not receive any permanent injuries, although he did get a bump on his head.
Claimant testified that he was later rear ended in another highway motor vehicle accident. He stated that the accident occurred while he was in the turn lane and that he did not sustain any injuries.
Claimant complained that his current problems involved severe neck and back pain, pain from his hip to his toes, difficulty in grabbing and reaching, an inability to walk, leg pain when going up and down stairs and feeling unstable. He stated that he used a cane to walk. He stated that his two neck surgeries did not relieve his neck pain. He stated that he had no problems with his neck or upper back until the 1998 injuries at work.
Finally, Claimant testified that he was getting social security and UNUM disability benefits. He stated that he had not looked for work since he lost his job at Output Technologies.
On cross-examination by his employer, Claimant admitted that no doctor had prescribed a cane for him to use in walking. He admitted that Dr. Blatt, his treating neurosurgeon, released him from treatment for his injuries in 1998. He admitted that Dr. Blatt did not recommend any surgery.
Claimant described his motor vehicle accidents in more detail on cross-examination. He admitted that his pickup truck was totaled in the August 2000 accident. He admitted that the accident occurred on the highway. He admitted that his vehicle was stationary when the accident occurred and that it was struck with such force that his seat broke and that he was thrown backwards with such force that the back of his head struck and broke the rear window. He admitted that after his head struck and broke the rear window, that he was thrust forward with such force that his chest struck and bent the steering wheel. He admitted that the force of the impact with his vehicle caused his truck to strike the vehicle in front of him. He admitted that his headrest on his vehicle was pushed down against the seat at the time of the impact and that it did not prevent his head from going backwards and into the rear window.
Claimant admitted that he was not wearing a seat belt at the time of the accident. He admitted that he had increased symptoms involving his head and neck after the accident. He admitted that his alleged headaches increased in frequency and intensity after the accident. He admitted that the alleged soreness in his neck increased. He admitted that he received a monetary settlement due to the accident. He admitted that he had neck surgery after the motor vehicle accidents. He admitted that his back surgery was after the motor vehicle accidents.
Claimant admitted that his employer did not authorize or pay for either of his neck surgeries. He acknowledged that Dr. Koprivica, his rating physician, had indicated that his neck pain and his severe headaches were related to the motor vehicle accident and not the alleged work-related accidents.
Claimant admitted that subsequent to 1998 he was diagnosed with depression, diabetes and hypertension. He admitted that he still mowed his lawn. He admitted that he used a push and not a selfpropelled mower. He admitted that he was still able to drive. He admitted that he cooked in his microwave oven. He admitted that he was still able to do his own grooming. He admitted that his GED and community college classes were taught in English. He stated that he maintained a 4.0 grade point average at the community college.