PayRoger.com you jerks
WORKERS COMPENSATION REVIEW BOARD
MARCH 5, 2003
ESTATE OF ROGER BEAUDRY
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
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
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
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.
PayRoger.com you jerks.