STATE OF CONNECTICUT                                                                                                                   you jerks
MARCH 5, 2003


The claimant in the instant matter is the spouse of the deceased employee, Roger Beaudry.  The claimant appeals from The 2/21/2002 Finding and Dismissal of Commissioner acting for the Fifth District.

The ultimate issue is presented for review is whether the trail commissioner erred in failing to conclude that the deceased employee’s death was causally related to surgery performed as a result of several compensable injuries sustained by the decedent.  The pertinent facts are the descendent sustained several compensable back injuries.

Liability for the March 14, 1990 injury was transferred to the Second Injury Fun.  The decedent and the claimant, Dale Beaudry were married July 11, 1997.  On July 1, 1999 the decedent died as a result of pulmonary embolism following surgery performed June 29, 1999.  The trial commissioner found, inter alia, that the surgery performed June 29, 1999 was causally related to the March 14, 1990 compensable lower back injury.  However, the commissioner also found that the decedent’s surgery was not reasonable or necessary and dismissed the instant claim.  In addition the commissioner found that the claimant was not married to or supported by the decedent on March 14, 1990 and therefore she was not entitled to benefits as a surviving spouse or dependent in fact.

The claimant filed the instant appeal and presents the following issues on appeal:
1.) whether the trial commissioner erred in finding that the decedent’s June 29, 1999 surgery was not reasonable of necessary.

2.) whether the trial commissioner erred in concluding that the decedent’s June 29, 1999 surgery was related to a material and substantial degree to the March 14, 1999 injury

3.) whether the trial commissioner erred in concluding that the claimant was not entitled t benefits as a dependent spouse ,

4.) whether the trail commissioner erred in denying the claimant-appellant’s  Motion to Correct.

We begin our review with consideration of the primary issue, whether the trial commissioner erred in finding that the decedents’ back surgery performed on June 29, 1999 was not reasonable or necessary.  The consideration of all but the last issue noted above, the appropriateness of the trier’s ruling denying the appellant’s Motion to Correct, are made unnecessary if we affirm the commissioners’ conclusion as to the first issue raised.

Whether the decedents’ surgery was reasonable or necessary is a factual determination and as such it is squarely within the purview of the trail commissioner.  In determining whether a particular course of medical treatment is reasonable pursuant to CGS 31-294d, a commissioner is permitted to note the attendant factual circumstances.

The record that was before the trail commissioner reflects that two physicians Dr. Gerald Becker and Dr. Aris Yannopoulos, opined that the decedent was a poor surgical candidate.  Dr. Yannopoulos opined that the decedent’s lack of good physical conditioning and obesity made him a poor surgical candidate.  Additionally, Dr. Yannopoulos notes October 29, 1998;

As is very well known and is very well documented in our literature and in our personal experience, with fusion surgery, which has an unfortunately high failure rate, the history, physical exam and radiological studies all have to correlate in order to suggest that the patient will have a good outcome.  In this particular case both the history and physical exam do not correlate well with the patients’ complaints of pain.  Therefore, to simply operate because there is evidence of degenerative change by the MRI is not recommended.  I highly recommend that the patient return to his normal work duties and his normal life.

Likewise Dr. Becker pointed to the decedents’ abdominal obesity and smoking habit as reasons that the decedent was a poor surgical candidate.  We find, therefore, that the triers’ conclusion that the surgery was not reasonable is amply supported by the record.

As to the appellant’s challenge t the triers’ denial of her Motion To Correct, the corrections sought even if granted would not compel the trier to reach a different outcome therefore the triers’ denial of the Motion to Correct was not legally inappropriate.  4369 CRB-5-0102 (Feb. 28, 2002).  On appeal we do not engage in de novo review.  Where, as here, the trail commissioners’ findings and conclusion are not contrary to law, without evidence or based on unreasonable or impermissible factual inferences, they stand.  207 Conn. 535 (1988).  As the trier of fact, the commissioner is accorded the duty of weighing the evidence presented and making the determinations as to credibility.  The conclusion reached by the trier are a proper exercise of that role.  Concluding as we have as to the issue of whether the decedents’ surgery was reasonable or necessary, we need not consider any of the other issues raised in this appeal.

We affirm the Commissioner acting, Finding and Dismissal.  Commissioner Jesse M. Frankl concurs.

The truth as Paybilly sees it.

Roger Beaudry lived in chronic pain for 9 years due to the March 14, 1990 back injury suffered in the course of his employment at Uniroyal. The injury was to the lumbar disc region of the spine and led to Degenerative Disc Disease. The personal degradation of life he suffered was loss of employment, estrangement from family and friends, loss of income, and depression.  All the while living with the internal disintegration of his body and watching all things in his live disappear because they could no longer be maintained.

However, the commissioner also found that the decedent’s surgery was not reasonable or necessary and dismissed the instant claim.   How can the commissioner say that almost 10 years of chronic pain is not medically necessary to correct?  What happened to the doctors report from the radiologists, operating team, and post surgery pathology.

It is no coincidence that Dr. Aris Yannopoulos was medically involved in the denial of treatment process.  He said Roger Beaudry was a poor surgical candidate because he had a fat stomach.  The fat stomach was caused by the pain and depression, lack of physical activity attributed to both, and poor nutrition due to lack of money.

Instead of treating the fat tummy as a cause of the injury, Dr. Yannopoulos uses it as a tool of denial of treatment.  Dr. Yannopoulos and The Orthopedic Surgeons of Connecticut work for the insurance companies.  The top doctors in the field address the problem of “accessibility to the spine” through the abdominal cavity or weigh generated interference, by weight reduction, thereby solving the problem and objection to surgery.  In fact, there are not many obstacles that can not be overcome.  Smoking being one more too.  Human compassion would dictate that you do not, Dr. Yannopoulos, send fat people away to die.

Then comes Dr. Yannopoulos’ famous quote: “ I highly recommend that the patient return to his normal work duties and his normal life….”  We no longer have a normal life.  We are injured and sick. We lack capacity to return to anything in the past.  And there is nothing in the past left to return to.  It is no secret that I believe Dr. Yannopoulos to be nothing short of a monkey with a scapulae and big bank book.  Take a drive by his house at 3 Woodleigh Pl. Weatogue (Simsbury) CT.  Get out and talk with his neighbors and you will learn what a jerk he is. He has given sworn testimony that pain is not disabling. Call Yannopoulos (860)651-7112 and tell him you think he is a monkey man.

That Roger Beaudry found love during his disability is a miracle.  From my own experience, there were not lines of women knocking at my door.  No money, dumpster diving for the Sunday paper, shopping trips to Goodwill Industries, chronic pain and depression, are not dating assets. I don’t know if Roger was previously married or had children covered by dependent benefits, but why would re-marriage terminate the benefits?   If Roger was denied Workers Compensation benefits, how was his surgery paid?

When I walked out the door at 5 am for my surgery, I did not expect to return. That is the level of medical despair Degenerative Disc Disease patient’s reach because of the chronic pain and medical abuse. you jerks.