Nilda Rivera V. Patient Care of Connecticut Employment

The claimant, Nilda Rivera, is a CNA who was a personal care assistant for a disabled person. The claimant fell down a flight of stairs, injuring her right foot, while in the home of a patient. Nevertheless, some questionability is held in two other injuries that were unearthed after the accident. The claimant first explained pain in her left foot as a direct causal effect of the injury she sustained in her right foot, which, was disputed by the RME, Dr.Sella. Upon this finding, the claimant proceeded to seek treatment for pain in her right shoulder (which turned out to be a torn rotator cuff) which was also found to be unrelated to her initial lower right extremity injury by several RME’s. When questioned during two separate hearings, the claimant gave two separate causes of her right shoulder injury, creating a morass of ambiguity unsurpassable by Commissioner Dilzer. After the denial of her Motion to Correct, the claimant appealed on three grounds, all of which were denied. The fact that the claimant had already reached MMI (maximum medical improvement) in her right lower extremity dictated against a finding of compensability.

-Caelan Kerin

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