Opinion
CASE NO. 1135 CRD-7-90-11
JUNE 2, 1992
The claimant was represented by Dominick C. Espositio, Esq. and Elizabeth Rogers, Esq., Zeldes, Needle Cooper.
The respondents were represented by Thomas H. Cotter, Esq., Cotter, Cotter Sohon, P.C.
This Petition for Review from the November 9, 1990 Finding and Award of the Commissioner at Large acting for the Seventh District was heard September 27, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi and Commissioners George Waldron and Angelo dos Santos.
OPINION
Claimant suffered a compensable injury when struck by a bus on Main Street in New Milford, on April 10, 1987. Thereafter, Claimant suffered a "recurrence" of his original injury on April 7, 1989. In late April and early May, 1989, Claimant and his wife took a two week trip to Arizona and California. At the hearing, Claimant asserted that his treating physician prescribed a trip to a warmer climate to see if that would cause any relief from his chronic back pain. After returning from that trip, he had back surgery. Approximately eight months later in a report dated November 28, 1989, Dr. S. Javed Shahid, Claimant's physician, suggested that a warmer, drier climate might help the condition. The Commissioner below found that the claimant's trip to Arizona and California was prescribed by the treating physician and that it was expected to be curative in nature.
The obligation of the employer to provide medical treatment is set out in Section 31-294(c): "The employer, as soon as he has knowledge of any such injury, shall provide a competent physician or surgeon to attend the injured employee and, in addition shall furnish such medical and surgical aid of hospital or nursing service, including medical rehabilitation services, as such physician or surgeon deems reasonable or necessary". Employers are not responsible for palliative treatment; Quinn v. Poli, 104 Conn. 393, 395 (1926).
Dr. Shahid's report indicates that:
"It was at my insistence that I had asked him to take a trip to a warmer area with less humidity to see if that will improve his chronic low back condition. It seems that the trip to Arizona which he undertook at my suggestion seemed to have helped him during that period significantly until he had the recurrence when he got back into this area which prompted the re-evaluation and the surgery that was performed in New Haven." In order for medical treatment to be reasonable or necessary the trial commissioner must determine that at the time prior to the event of medical treatment, the Claimant's physician deemed it reasonable or necessary. Dr. Shahid's report is not clear.
The case is remanded for further proceedings consistent with this opinion including the taking of further evidence if found necessary.
Commissioners John Arcudi and George Waldron concur.