WILLIAM A. LAFLAMME, Employee/Appellant,
v.
FLOE INT'L and MINNESOTA ASSIGNED RISK PLAN/BERKLEY ADM'RS, Employer-Insurer,
and
MN DEP'T OF HUMAN SERVS., Intervenor, and SPECIAL COMPENSATION FUND.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
April 23, 1999
HEADNOTES
PERMANENT
TOTAL DISABILITY - SUBSTANTIAL EVIDENCE. Substantial
evidence supports the compensation judge's determination
that a finding of permanent total disability would be
premature where limited rehabilitation assistance had been
provided, and the employee's vocational expert
recommended attempting sheltered or transitional employment
options as a means of returning the employee to sustained
gainful employment.
Affirmed
as modified.
Determined by Johnson, J., Wilson, J. and Hefte, J.
Compensation Judge: Bradley J. Behr
OPINION
THOMAS
L. JOHNSON, Judge
The
employee appeals from the compensation judge's finding
that the employee failed to prove he was permanently and
totally disabled from June 27, 1995, to the date of
hearing. We affirm.
BACKGROUND
The
employee, William A. LaFlamme, was 44 years old at the time
of the hearing. He was divorced and had sole custody of
his eleven year-old twins. His past work experience
consisted primarily of welding and pipefitting, as well as
some limited experience as a ticket agent, construction
worker, plumber, and salesperson.
In June
1992, the employee began working as a welder for the
employer, Floe International, in McGregor,
Minnesota. The employer was insured by the Minnesota
Assigned Risk Plan/Berkley Administrators. On August 6,
1992, the employee sustained an admitted, work-related injury
to his head and neck when the upper deck of a pontoon boat
came down, striking him on the top of the head. The
employee was initially treated at the McGregor Clinic, and
then by Dr. Steven Lebow. The employee was off work
until November 1992, when, with the assistance of a qualified
rehabilitation counselor (QRC), he returned to work as a
fabricator for the employer. He initially worked
light-duty, then was released to return to work full-time on
February 2, 1993.
On
February 26, 1993, the employee sustained an admitted injury
to his low back lifting a heavy metal beam at work. He
was taken off work by his chiropractor, Tim Setterquist,
D.C. The employee was released to return to work in
September 1993 by Dr. Lebow, who recommended part-time work
in a work-hardening program with no lifting over 30 to 40
pounds, or full-time, light-duty work with a
work-conditioning program. The employee did not return
to work with the employer, but could not recall the
circumstances of his leaving.1
On
December 8, 1993, the employee began working part-time as a
press operator for Engineered Polymers Corporation (EPC) in
Mora, Minnesota, working two 12-hour shifts on the
weekends. On April 23, 1994, he was seen at Kanabec
Hospital for an aggravation of his low back pain. He was
then seen by Dr. Lebow on May 2, 1994, complaining of
increased low back pain and pain in his left arm. Dr.
Lebow noted the job at EPC was outside the employee's
restrictions as it required frequent bending and lifting up
to 60 to 70 pounds. He allowed the employee to return to
work, but again restricted him to no lifting over 30 to 40
pounds. The employee continued to work for EPC.
On July
27, 1994, the employee was seen by Dr. Terry Johnson at the
Mora Medical Center. He reported increasing pain in his
left elbow during the past four months, stating he had been
unable to work since July 9, 1994 due to severe elbow
pain. Dr. Johnson noted the employee was terminated by
EPC the following week. Dr. Johnson diagnosed
epicondylitis of the left elbow due to repetitive use, and
restricted the employee from any use of the left
arm.2 In October 1994, the employee
completed two weeks of physical therapy to the left
arm. The November 1, 1994 discharge summary notes the
employee was basically functioning without pain by his last
visit.
The
employee was seen for an independent medical examination by
Dr. Bruce Van Dyne on November 15, 1994. The doctor
diagnosed a work-related cervical strain and muscle
contraction headaches; a work-related musculoligamentous
lumbar strain superimposed on a pre-existing
spondylolisthesis at L5-S1; and left lateral epicondylitis,
resolved. Dr. Van Dyne believed the employee could work
with restrictions, including no repetitive lifting or bending
and no lifting over 50 pounds.
The
employee returned to Dr. Johnson on December 7,
1994. The doctor assigned permanent work restrictions
including no lifting over 25 pounds, avoid repetitive
movements of the left arm including grasping, manipulation
and frequent flexion and extension, and no lifting over 10
pounds with just...
