00-03129-G-7874. Johnson v. MS Dept. of Transportation.

• Case Date: December 28, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 00-03129-G-7874. Johnson v. MS Dept. of Transportation ROBERT WAYNE JOHNSON, JR. CLAIMANT VS. MS DEPT. OF TRANSPORTATION EMPLOYER (SELF-INSURED) MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 00-03129-G-7874Representing Claimant: Jonathan M. Farris, Esquire, Hattiesburg, MS Representing Employer and Carrier: Richard E. Wilbourn, III, Esquire, Jackson, MS FULL COMMISSION ORDER The above styled claim was heard by the Commission on June 6, 2005 pursuant to the Employer's Petition for Review. The Employer contends the Administrative Judge erred in awarding the Claimant permanent total disability benefits for an admitted back injury that occurred on December 17, 1998. Two primary issues are presented: the nature and extent of permanent disability attributable to this injury, and, the nature and extent of Employer's liability for continuing medical treatment and penalties. I. Mr. Johnson was admittedly injured while working for the Employer (MDOT) on December 17, 1998. This injury was to the lower back at the fourth and fifth lumbar vertebrae. Isis average weekly wage at the time was $336.75. The parties agree that Mr. Johnson reached maximum medical improvement from this injury on April 28, 2004, and he was assigned a 14% functional impairment rating. He was cautioned to avoid heavy lifting and repetitive bending or stooping. For MDOT, Mr. Johnson drove a service truck, performed mechanic work, and other manual labor. Because of this injury, he is precluded from returning to work for MDOT in a like or similar capacity. Mr. Johnson is approximately 42 years old, is a 1982 high school graduate, has a commercial driver's license, and vocational training in "traffic school." In 1983 he worked for Orleans Furniture in the shipping department. This was a physically demanding job that required constant lifting of objects weighing more than twenty pounds, as well as repetitive bending and stooping. He later moved into a maintenance position where he built mirrors and headboards; this too was demanding work. In 1989 he left Orleans to work for MDOT. In addition to the aforementioned back injury, Mr. Johnson suffers from sickle cell anemia, thalassemia, high blood pressure, diabetes, chronic headaches, and has pins in his left ankle. His sickle cell anemia causes vision problems which he contends have been corrected with multiple laser surgeries. Mr. Johnson has suffered a sickle cell crisis once or twice a year since he was first diagnosed in 1993. On December 17,1998 he was removing branches from a fallen tree on the highway. While trying to retrieve a saw file from his truck, he stepped down from the truck, slipped, and fell onto his back. Over the next few days he developed pain and numbness in both legs, and sought treatment from Dr. Charles Hernandez. He missed only three days from work, and attempted to continue working at full duty. When these problems did not resolve, Dr. Hernandez referred Mr. Johnson to Dr. Wendell Helveston at the Hattiesburg Clinic. In May 1999, Dr. Helveston began seeing Mr. Johnson for intermittent numbness and pain in his right leg, and headaches. He noted at this time that Mr. Johnson had a history of medical problems such as hypertension, sickle cell anemia, head aches for a number of years, and pins in his left ankle. Dr. Helveston noted as well that Mr. Johnson, then 36 years old, had a "long history of sickle/thalassemia disease" with "complications from his disease over the years including intraocular hemorrhages and sickle crises and he is currently having low grade thrombocytopema." Diagnostic testing ordered by Dr. Helveston confirmed that Mr. Johnson had a disc herniation between the fourth and fifth lumbar vertebrae with right L5 radiculopathy and impingement of the L4 nerve root. Dr. Helveston elected to treat Mr. Johnson conservatively with medication and physical therapy, and to refer him for a neurosurgical evaluation. At a follow up visit on July 15, 1999, Dr. Helveston stated that Mr. Johnson continued to suffer with lumbosacral radiculopathy, as well as chronic daily headaches, and a pituitary tumor. On referral from Dr. Helveston, Dr. Lon Alexander saw Mr. Johnson on July 28, 1999 for complaints of headaches and back pain. Further testing ordered by Dr. Alexander confirmed a "right sided L4-5 herniated nucleus pulposus" for which surgery was recommended. Mr. Johnson was referred elsewhere for further treatment of his pituitary tumor. On September 2, 1999, Dr. Alexander performed a lumbar micro-laminectomy and micro-discectomy. Mr. Johnson's recovery from surgery was normal, but on an October 27,1999 follow up visit, Dr. Alexander noted that Mr. Johnson had previously spent twelve days in the hospital for a "sickle cell crisis." In December 1999, Dr. Alexander referred the...