12-0078. MARJORIE C. TIEDJE Employee v. STATE OF ALASKA DEPARTMENT OF LABOR and WORKFORCE DEVELOPMENT (Self-Insured) Employer Defendant.

Court:Alaska
 
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Alaska Workers Compensation Decisions 2012. Workers' Compensation Board 12-0078. MARJORIE C. TIEDJE Employee v. STATE OF ALASKA DEPARTMENT OF LABOR and WORKFORCE DEVELOPMENT (Self-Insured) Employer Defendant ALASKA WORKERS' COMPENSATION BOARDP.O. Box 115512 Juneau, Alaska 99811-5512MARJORIE C. TIEDJE, Employee, Applicant V. STATE OF ALASKA, DEPARTMENT OF LABOR and WORKFORCE DEVELOPMENT (Self-Insured) Employer, DefendantAWCB Decision No. 12- 0078Filed with AWCB Anchorage, Alaska on April 25, 2012AWCB Case No. 200806680INTERLOCUTORY DECISION AND ORDERMarjorie C. Tiedje's (Employee) petition for a Second Independent Medical Evaluation (SIME) was heard on February 29, 2012, in Anchorage, Alaska. Attorney Robert Rehbock represented Employee. Assistant Attorney General Patricia Huna represented State of Alaska, Department of Labor and Workforce Development (Employer). The record closed at the conclusion of the hearing on February 29, 2012. ISSUES Employee contends she is entitled to an SIME as a result of several injuries sustained during her employment with Employer. Employee further contends her several work injuries - 1995, 2003, 2008, and 2012 - should be consolidated for adjudication. Originally Employer contended Employee could not ask for an SIME prior to filing a workers' compensation claim (WCC). At hearing Employer withdrew that contention since a WCC has been filed. However, Employer contends an SIME is premature. Employer further contends an SIME is not needed at present because Employer has paid all temporary total disability, temporary partial disability and medical benefits to Employee. Employer contends it has only controverted future medical benefits and permanent partial impairment benefits (PPI). At hearing, Employer stipulated to consolidation of the 1995, 2003, 2008, and 2012 dates of injury. 1) Shall Employee's 1995, 2003, 2008, and 2012 dates of injury be consolidated for adjudication? 2) Shall an SIME be ordered? FINDINGS OF FACT 1. On September 8, 1995, Employee reported an injury to her right arm from repetitive keyboarding and requested an ergonomic work station (Employee's hearing brief; record). 2. On September 11, 1995, Employee saw Mark Bilan, D.C., at Ireland Clinic of Chiropractic for treatment of right forearm pain, low back pain, and acute right lower cervical pain (September 11, 1995, chiropractic record). 3. On September 26, 1995, Employee saw Robert W. Lipke, M.D., whose impression was tendinitis, dorsal aspect of the hand. He recommended a protective Benik splint, oral anti-inflammatories and light duty (September 25, 1995, Lipke chart note). 4. On September 26, 1995, Dr. Lipke released Employee to regular work with no restrictions (September 26, 1995, Physician's Report). 5. On February 9, 1996, Employee again saw Dr. Lipke who recommended an ergonometic evaluation of her work station (February 9, 1996, Physician's Report). 6. On June 27, 1996, Employee saw Bruce J. Kiessling, M.D., who noted Employee reported upper neck and lower back pain since August 1995. He also noted mild facet sclerosis without disc disease. She was advised to take Naprosyn and was referred to Susie Pettis for home instruction (June 27, 1996, Kiessling chart note). 7. On August 30, 1996, Employee saw Dr. Lipke for neck pain. He noted her ergonomic work station had improved things. He recommended additional physical therapy because it seemed to help Employee (August 30, 1996, Lipke chart note). 8. On October 10, 1997, Employee again saw Dr. Lipke who diagnosed early lateral epicondylitis on the left arm. She should do no lifting in the pronated extended position. A protective elbow Bennett splint was provided along with intermittent use of anti-inflammatories (October 10, 1997, Lipke chart note). 9. On August 29, 2003, Employee saw Eric H, Miknich, M.D., for pain in her neck and upper right shoulder from sitting at the computer for long periods. His assessment was cervical strain/lumbosacral strain. She was given Vioxx and a prescription for a workplace evaluation. She was released to regular work (August 29, 2003, Miknich chart note). 10. On November 25, 2003, Katy Kerris M.S.O.T., provided an ergonomic evaluation and recommendations for improvement of Employee's workstation (November 25, 2003, Kerris report). 11. On April 30, 2008, Employee reported a pinched nerve in neck affecting her left arm, shoulder and hand from cradling the telephone at work (May 7, 2009 Report of Injury). 12. On May 6, 2008, Employee began treatment with Matthew K. Huettl, D.C., who released her to modified work with no cradling of the telephone (May 6, 2008, Physician's Report). 13. On May 14, 2008, Employee had an MRI of the cervical spine, which showed moderate central canal stenosis at C5-6 and C6-7, very mild left neural foraminal encroachment at C6-7 secondary to disc disease and spurring, and straightening of the alignment of the cervical spine (May 14, 2008, MRI report). 14. On May 15, 2008, Employee saw Michel L. Gevaert, M.D., on referral from Dr. Huettl, for electrodiagnostic testing. His impression was a normal electromyographic study with no...

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