2007-044. Gabriele I. Walsh Appellant vs. Robert D. Mauer DDS and Liberty Northwest Insurance Co. Appellees.

Case DateJune 05, 2007
CourtAlaska
Alaska Workers Compensation Decisions 2007. Workers' Compensation Appeals Commission 2007-044. Gabriele I. Walsh Appellant vs. Robert D. Mauer DDS and Liberty Northwest Insurance Co. Appellees Alaska Workers' Compensation Appeals CommissionGabriele I. Walsh, Appellant, vs. Robert D. Mauer, DDS, and Liberty Northwest Insurance Co., Appellees.Decision No. 044 June 5, 2007AWCAC Appeal No. 06-021 AWCB Decision No. 06-0218 AWCB Case No. 200403288Final Decision Final Decision on appeal from Alaska Workers' Compensation Board Decision No. 060218 issued August 7, 2006, by the southcentral panel at Anchorage, Krista Schwarting, Chair, Patricia Vollendorf, Member for Labor, Linda Hutchings, Member for Industry. Appearances: Joseph A. Kalamarides, Kalamarides and Lambert, for appellant Gabriele I. Walsh. Jeffrey Holloway, Holmes, Weddle and Barcott, P.C., for appellees Robert D. Mauer, DDS, and Liberty Northwest Ins. Co.Commissioners: Jim Robison,Stephen T. Hagedorn,and Kristin Knudsen. This decision has been edtted to conform to technical standards for publication. By: Stephen T. Hagedorn, Appeals Commissioner. Gabriele Walsh appeals the decision of the board denying her claim for medical benefits, permanent partial impairment benefits and temporary total disability benefits. Because we find there was substantial evidence in the record to support the board's decision, we affirm the board's denial of Walsh's claim. Facts and proceedings. Gabriele Walsh worked as a dental assistant for Dr. Robert Mauer. On March 10, 2004, she tripped over some boxes in a hallway at Dr. Mauer's office and fell against the wall, injuring her back. Before this accident, Walsh had a long history of back problems, dating back at least to 1983 when she underwent a discectomy. On March 12, 2004, Walsh sought treatment at the emergency room at Providence Alaska Medical Center, complaining of low back pain radiating into her left thigh. An x-ray revealed anterior spondylolisthesis at the L3-4 level. In April, Walsh began treatment with Dr. Robert Valentz. On April 17, 2004, Walsh was involved in a non-work-related car accident and was taken to the Providence emergency room, complaining of low back pain radiating into her left buttock. She was released later that day but returned to the emergency room on April 19, 2004, complaining of neck pain, chest pain, low back pain and left leg pain and numbness. She blamed the car accident for these symptoms. Ms. Walsh consulted Dr. Ruth German on April 27 and May 4, 2004, regarding symptoms associated with the car accident. Similarly, she attributed her worsened symptoms to the car accident when completing an intake form at Dr. Valentz's office on May 10. Walsh was examined by Dr. Thomas Rosenbaum on July 26, 2004, on behalf of the employer. Dr. Rosenbaum reported that she had not experienced a new injury as a result of the work accident, but had experienced a lumbar strain. He diagnosed her with multi-level degenerative disease. Moreover, he did not predict any permanent impairment as a result of the work injury nor did he believe that further medical treatment was required. On the basis of Dr. Rosenbaum's report, Dr. Mauer controverted benefits. Dr. Valentz reviewed Dr. Rosenbaum's report on August 30, 2004, and disagreed with its conclusions because he believed that Walsh's symptoms of L3 radiculopathy did not predate her March 10 work injury. Walsh began a course of physical therapy in September 2004, telling her physical therapist that her back pain had increased after the work incident and again after the car accident. When State Farm Insurance Company investigated the impact of the car accident, Dr. Valentz reported that it had aggravated Walsh's back, neck and leg pain. He also wrote to the attorneys representing Walsh in a lawsuit stemming from the car accident, stating that although she had had significant pre-existing back problems, the car accident had aggravated her condition and made it difficult to control her pain symptoms. He recommended spinal cord stimulation and asked that the insurance company covering her claim pay for this treatment. In November 2004, Walsh consulted Dr. Darius Davis regarding her leg pain, attributing her symptoms to the April 2004 car accident. In December 2004, at a deposition conducted by the employer, Walsh acknowledged a significant history of back pain and surgeries before both the work incident and the car accident and did not explicitly...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT