Getting Tattoos Evidences Total Disability

An injured worker, who obtained tattoos to camouflage surgical scars of 6 surgical interventions, was held to be totally and permanently disabled. The evidence, presented at the time of trial, was found by the Judge of Compensation to provide a basis for an increase in the worker’s psychiatric disability that rendered the employee unable to work.

The worker testified that the side effects of a laundry list of medications that manifested low stamina and dry eyes. The drugs included:

• Buspar, an anti-anxiety medication, three times a day
• Nortiptyline, and anti-pain and antidepressant medication, three times a day
• Oxycontin, a pain medication, four times a day
• Topomax, a seizure medication used for pain relief, twice a day
• Methodone, a pain medication, four times a day
• Wellbutrin, an antidepressant, two to three times a day
• Bethanechol, a medication for dry mouth
• Prevacid, a stomach medication

The appellate forum affirmed the decision of the trial judge, Stephen Tuber, who in an extensive written decision  rejected the opinions of the respondent’s medical experts, Drs. Galina and Effron in favor of that of the petitioner’s expert, Dr. Peter Crain.

Dr. Crain testified that the reason why the injured worker obtained the tattoos made “psychological sense.” The reviewing form held that “…She explained that she obtained tattoos to help her deal with her "suicidal ideation" and to camouflage the scars she bore from the multiple operations.”

Kiessling v. Prudential Insurance Company, NO. A-3051-08T23051-08T2,  2010 WL 1928711 (Decided May 10, 2010)

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