AARON CROSBY, Employee/Respondent,
v.
TAK COMMC’NS, INC. and AUTO-OWNERS INS. GROUP, Employer-Insurer/Appellants,
and
MEDICA HEALTH PLANS, UCARE, and ESSENTIA HEALTH-DULUTH, Intervenors.
No. WC18-6190
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
December 14, 2018
EVIDENCE
– EXPERT MEDICAL OPINION. Where the treating physician
had enough facts to form a reasonable opinion which was not
based upon speculation or conjecture, that opinion is
considered adequately founded and may be relied upon by the
compensation judge.
Stephanie Balmer, Falsani, Balmer, Peterson & Balmer,
Duluth, Minnesota, for the Respondent.
Laura
Myslis, Gislason & Hunter, LLP, Minneapolis, Minnesota,
for the Appellants.
Determined by: Gary M. Hall, Judge, Patricia J. Milun, Chief
Judge, David A. Stofferahn, Judge
Compensation Judge: Miriam Rykken
Affirmed.
OPINION
GARY
M. HALL, Judge
The
employer and insurer appeal the compensation judge’s
award of medical and chiropractic treatment, reimbursement
and payment of intervention claims, and reimbursement of
medical mileage and out-of-pocket expenses. We affirm.
BACKGROUND
On
February 1, 2012, the employee, Aaron Crosby, was employed as
a cable installer for the employer, TAK Communications, Inc.
(“TAK”). He sustained a concussion and injury to
his spine when he was struck on the top of the head by an
overhead garage door being closed by a co-worker. He
presented at the emergency room with complaints of neck pain,
dizziness, and lightheadedness. He was prescribed pain
medication and was advised to avoid physical labor but could
tolerate limited desk work. He obtained follow-up treatment
at Allina Health Clinic, primarily with Dr. Karla Kammueller,
who continued his pain medication regimen and work
restrictions. With ongoing concussive symptoms, the employee
was referred to a neurologist.
The
employee was seen for a neurological evaluation at Noran
Neurological Clinic by Dr. Rupert Exconde on February 16,
2012. (Ex. D.) Complaints of ongoing neck, mid back, and low
back pain were noted, as well as neck and head tightness and
concentration and memory issues. Dr. Exconde ordered MRI
scans of the head and neck and kept the employee off work
until re-evaluation. The brain MRI results were normal and
the cervical MRI showed a mild disc herniation, for which the
employee was referred to Physicians’ Diagnostic and
Rehabilitation Center for MED-EX physical therapy overseen by
Dr. Thomas Kraemer.
Despite
spinal rehabilitation, the employee’s low back pain
continued. He underwent MRI scans of the thoracic and lumbar
spine in April 2012, the latter showing spondylolysis at L5.
By June 2012, the employee reported some improvement from the
rehabilitation program. (Exs. K and I.) Dr. Kammueller kept
the employee off work during rehabilitation, but released him
to supervisory work with no lifting on June 7, 2012. The
employee testified to working long hours, but with activity
limitations and office-related ergonomic corrections. (T. at
48.)
The
employee completed spinal therapy in August 2012. Significant
improvement was noted, but the employee continued to report
persistent pain. (Exs. D and I.) Dr. Kraemer considered the
employee ready to work without restrictions. (Ex. I.) On
August 8, 2012, Dr. Kammueller released the employee from
work restrictions. (Ex. K.) The employee was referred for a
surgical evaluation to Dr. Edward Santos, who noted that the
employee’s pain was aggravated with any form of
physical activity and work throughout the day but that
surgery was not indicated. Dr. Exconde considered the
employee to have reached maximum medical improvement as of
September 12, 2012. The employee was again seen by Dr.
Exconde in March 2013 with a recurrence of pain, which Dr.
Exconde attributed to the employee working full-time.
The
employer and insurer admitted the employee’s February
1, 2012, work injury and paid wage loss and medical benefits.
Based upon ratings provided by Dr. Exconde in reports dated
November 21, 2012, and March 12, 2013, the...
