2007-044. Gabriele I. Walsh Appellant vs. Robert D. Mauer DDS and Liberty Northwest Insurance Co. Appellees.
Case Date | June 05, 2007 |
Court | Alaska |
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...
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