Weiss v. St. Mary’s Med. Ctr., 031518 MNWC, WC17-6097

Case DateMarch 15, 2018
CourtMinnesota
JUDITH A. WEISS, Employee/Respondent,
v.
ST. MARY’S MED. CTR., SELF-INSURED/BERKLEY RISK ADM’RS CO., LLC, Employer/Appellant.
No. WC17-6097
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
March 15, 2018
         CAUSATION – GILLETTE INJURY. Substantial evidence, including expert medical testimony, medical records, and lay testimony, supported the compensation judge’s Gillette injury findings.          TEMPORARY PARTIAL DISABILITY – SUBSTANTIAL EVIDENCE. Substantial evidence, including the employee’s testimony and medical records, supported the compensation judge’s finding that the employee was eligible for temporary partial disability compensation.          WAGES; PRACTICE & PROCEDURE – MATTERS AT ISSUE. Where the issue of whether to include the employee’s wages from her second job at Walmart in her weekly wage was not raised at the hearing, the compensation judge did not err in leaving that question open for future determination.           James W. Balmer, Falsani, Balmer, Peterson & Quinn, Duluth, Minnesota, for the Respondent.           Douglas J. Brown, Brown & Carlson, P.A., Minneapolis, Minnesota, for the Appellant.           Determined by: Patricia J. Milun, Chief Judge, David A. Stofferahn, Judge, Deborah K. Sundquist, Judge.           Compensation Judge: Jerome G. Arnold          Affirmed.           OPINION           PATRICIA J. MILUN, Chief Judge.          The self-insured employer appeals from the compensation judge’s finding that the employee sustained Gillette1 injuries to her cervical spine and right shoulder; from the judge’s ruling that the amount of the employee’s weekly wage is preserved for future determination; and from the finding that the employee is entitled to temporary partial disability compensation. We affirm.          BACKGROUND          The employee, Judith Weiss, was born in 1954 and started working for the employer, Essentia Health St. Mary’s Medical Center,2 in 1990 at its hospital in Duluth. She initially worked in housekeeping. She next worked in central supply, gathering, cleaning, and sterilizing, and delivering medical instruments throughout the hospital. In approximately 2007, the employee’s job changed to the collecting, servicing, and cleaning of IV poles and pumps. In this job, the employee went from floor to floor in the hospital to collect IV poles, clean and sterilize the poles and associated pumps and equipment, and return them to each floor. The employee used a supply cart to bring her cleaning supplies, parts, and equipment to the various locations throughout the hospital where she cleaned poles and pumps. For the first roughly 9 to 13 years, she used a pushcart which she could pull behind her while pushing IV poles in front of her. In about 2015 or 2016, the hospital replaced its IV pumps with a newer type of pump, and a larger cart was then required to transport the employee’s supplies and equipment. The employee found this larger cart much harder to maneuver as two of the wheels were stationary, making it very difficult to turn. Sometime in 2016, the employer replaced this cart with a different one that the employee acknowledged was easier to use.3          The employee’s medical records document some sporadic treatment for pain radiating from the employee’s hands to her shoulders, resulting in a diagnosis of bilateral carpal tunnel syndrome. In 1990, cervical x-rays showed some degenerative changes in the cervical spine consisting of decreased height at C5-6 and C6-7, osteophyte formations at C6-7, and joint spurring at C5-7. In 1991, the employee was treated for a cervical strain which she attributed to pulling a heavy cart. In 2003, the employee was taking an IV pole from an elevator when the wheel stuck and the pole began to fall. In catching the pole from falling, the employee sustained what was initially diagnosed as acute myofascial strain to her left shoulder. She also reported neck pain and was evaluated in therapy for neck symptoms but continued working full time. In 2007, the employee was seen for a right shoulder injury at her primary care clinic, reporting that she had experienced a pulling sensation in the right shoulder while trying to bring IV poles into the elevator. She was diagnosed with a right shoulder sprain.          On April 2, 2015, the employee was seen by a chiropractor for neck and upper back pain and bilateral arm tingling. She stated she had been dealing with these symptoms for a number of years and that upper body motions at her two jobs aggravated her pain. Cervical x-rays showed severe degenerative joint disease throughout the cervical spine. The employee underwent one chiropractic treatment but declined further treatments for financial reasons.          The employee was seen by Dr. Mark Gregerson, an orthopedic surgeon, on March 17, 2016, at the suggestion of her attorney. The employee was reporting problems with her neck, left shoulder, right shoulder, and left knee. She explained to the doctor that her work for the employer since 1990 had consisted of loading and moving heavy instrument carts. She described needing to lean into the heavy, loaded carts to move them, pushing off with her right leg and pulling with her right upper extremity, and that she needed to turn her neck to watch where she was going with the cart. The employee stated that she had noted increased stiffness and pain in her neck and shoulder over the past year. Over the past six months, she had also noted increased right shoulder pain and a feeling of “tearing” in the right shoulder when lifting or carrying and while resting in bed.          Dr. Gregerson opined that the employee’s work activities had significantly aggravated the condition of her neck. He ordered work restrictions and opined that further diagnostic studies were needed to determine whether there was stenosis or radicular findings. He assessed the employee’s right shoulder condition as possible rotator cuff impingement or tear. He also wanted to review x-rays and possibly an MRI of the right shoulder. He recommended that the employee avoid using her right arm. He found moderate swelling in the left knee medially, but good alignment with full range of motion and no crepitus, snapping, or instability. He requested...

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