BEFORE THE INDUSTRIAL ACCIDENT BOARD. OF THE STATE OF DELAWARE DARLENE FILIZIANI, D 6 3 98 C2) Employee, v Hearing No, 1239726 MIDWAY SLOTS, Employer. DECISION ON PETITIONS FOR REVIEW TO TERMINATE BENEFITS AND TO DETERMINE ADDITIONAL COMPENSATION DUE Pursuant to due notice of time and place of hearing served on all parties in interest, the above-stated cause came before the Industrial Accident Board on December 11, 2007, in the Hearing Room of the Board, in Milford, Delaware. An extension of time for issuance of the decision was taken pursuant to DEL. CODE ANN. tit. 19, § 2348(k). PRESENT: JULIE G. BUCKLIN Workers’ Compensation Hearing Officer APPEARANCES: W. Christopher Componovo, Attorney for the Employee Linda L. Wilson, Attomey for the Employer (Gc L083 - 20-0NATURE AND STAGE OF THE PROCEEDINGS On October 8, 2003, Darlene Filiziani ("C ant") suffered a compensable industrial injury while working for Midway Slots, Claimant has been receiving total disability benefits based on her wages of $442.80 per week. On August 23, 2007, Midway Slots filed a Petition for Review to terminate Claimant's total disability benefits, alleging that Claimant is capable of working part-time in a sedentary duty capacity. Claimant argues that she remains totally disabled, Claimant is also seeking payment of outstanding medical bills in the amount of $1,859.15. On December 11, 2007, upon consent of the parties, a Hearing Officer conducted a hearing on the petition and this is the Hearing Officer's decision on the merits.' SUMMARY OF THE EVIDENCE Claimant, fifty-eight years old, testified about her industrial accident, medical condition and work experience, Claimant has a high school education and eared her licensed practical nurse's certification (“LPN”). She worked as an LPN for a number of years and retired in 2000. She did not have any medical problems while working as an LPN. After retiring from being an LPN, Claimant worked as a cashier at Food Lion for several months, but left that job because she did not like it. Then she worked at Midway Slots from 2001 to 2004 as a cashier and lead cashier. Claimant lives with her husband in a mobile home in Lewes. Claimant is able to drive her car. Claimant and her husband, who is disabled and unable to work, prepare meals together. They both shop and get small amounts of groceries at time, Claimant straightens up their home ina limited fashion. * Normally, decisions are o be issued within fourteen days of a hearing. See Del. Code Ann. tit 19 § 2348(k). Because of workload demands and other time restraints, it was necessary to take an extension of time to issue this Aecision in accordance with ttle 19, section 2348(k) of the Delaware Code,Claimant underwent surgery with Dr. Bikash Bose in January 2007 and saw him most recently in July 2007. Claimant sees Dr. Ganesh Balu for pain management. She has other medical problems, including low thyroid, high blood pressure, arthritis, and coronary artery blockage. Dr. Balu knows about the other medical problems, but only treats Claimant's back pain, Claimant tried massage therapy and injections recently and had about a thirty-percent improvement. Claimant's pain level is generally a four out of ten on the pain scale, but changes daily and could be about a five or six on some days. Claimant and Dr. Balu have never discussed whether or not Claimant would be able to work from home or as a companion, Claimant retired her LPN license in 2000 and she is out of touch with new treatments and methods. She has not worked with the general public in a long time. Claimant’s surgery with Dr. Bose helped. Prior to surgery, the pain was intense in particular spots in the spine and she felt unstable. The pain and problem with the bones was corrected, but she still had ongoing sciatic pain and musele cramping along the scar line in the waist and low back. ‘The ongoing sciatic pain runs from the mid back down the buttocks into the legs on a daily basis and is worse on some days. The left leg pain is constant and feels like an ache and tingling that worsens. She also has numbness on her foot and she feels like she is not really sure where her foot is. Lying down and using a heating pad helps. She uses the heating pad several times a week, especially if she increases her activity level, such as to clean the kitchen or bathroom. Claimant takes Flexeril three times a day, Lyrica twice a day, Darvocet three or four times a day, and Percocet as needed if the Darvocet does not help enough. She also does a home exercise program daily since her physical therapy ended. She cannot do the whole