KRISTINE A. MARKHAM, Employee/Appellant,
v.
MINN. DEP’T OF NATURAL RES./SELF-INSURED, Employer/Respondent.
No. WC19-6246
Minnesota Workers Compensation
June 27, 2019
EVIDENCE
– RES JUDICATA. Where the parties had not litigated the
permanent nature of the employee’s CRPS condition at an
earlier hearing, only medical treatment and a proposed
retraining plan, and there were no previous findings in the
2017 decision that would preclude the litigation of the
employee’s claimed PPD rating, the judge did not err in
failing to apply the doctrine of res judicata in this case.
PERMANENT
PARTIAL DISABILITY – REFLEX SYMPATHETIC DYSTROPHY,
SUBSTANTIAL EVIDENCE; RULES CONSTRUED – MINN. R.
5223.0435. Substantial evidence, including adequately founded
medical opinion, supports the compensation judge’s
finding that the employee was not entitled to PPD.
Raymond R. Peterson, McCoy Peterson, Ltd., Minneapolis,
Minnesota, for the Appellant.
Joshua
M. Steinbrecher, Heacox, Hartman, Koshmrl, Cosgriff, Johnson,
Lane & Feenstra, P.A., St. Paul, Minnesota, for the
Respondent.
Determined by: Deborah K. Sundquist, Judge, Gary M. Hall,
Judge, Sean M. Quinn, Judge.
Compensation Judge: William J. Marshall
Affirmed.
OPINION
DEBORAH K. SUNDQUIST, Judge.
The
employee appeals the compensation judge’s finding that
she is not entitled to permanent partial disability to the
extent of 14 percent. Because substantial evidence supports
the compensation judge’s finding, we affirm.
BACKGROUND
Kristine
A. Markham, the employee, worked as a seasonal naturalist at
Fort Snelling State Park through the Minnesota Department of
Natural Resources, the employer. The employee’s job
required her to assist with educational programs and
activities for children and families visiting the park. On
May 20, 2014, while in the scope and course of her
employment, the employee was carrying fishing bait to a van
when her foot missed the curb, causing her to twist her right
ankle. She was initially diagnosed with an ankle sprain, but
when her ankle failed to improve after physical therapy, she
saw Sharilyn Moore, D.P.M., who performed surgery. The
employee developed an allergic reaction to the hardware and
was ultimately diagnosed by Dr. Moore with chronic regional
pain syndrome (CRPS). The self-insured employer admitted
liability and paid medical, wage loss and vocational
rehabilitation benefits. However, a dispute arose over
medical treatment and a proposed retraining claim, and the
matter went to hearing on October 12, 2017.
In a
findings and order filed December 6, 2017, a compensation
judge found that the employee had developed CRPS, awarded
medical treatment claimed, and found that the employee was
entitled to retraining as outlined in a proposed retraining
plan. On appeal to this court, the employer argued that the
judge erred as a matter of law in approving the retraining
plan. We disagreed, affirming the compensation judge’s
findings and order.[1]
On
February 14, 2018, the employee filed a claim petition for
permanent partial disability (PPD) for the CRPS condition.
Matthew Monsein, M.D., at Courage Kenny, who had treated the
employee for her CRPS condition, assigned a 14 percent PPD
rating under Minn. R. 5223.0435, subp. 2, using the
appropriate rules listed in assigning the ratings. He noted
“slightly decreased strength” on dorsiflexion on
the right and rated the employee’s lower extremity
incomplete motor loss at 3.5 percent pursuant to Minn. R.
5223.0420, subps. 2I and 5B, which require that the tested
muscles are unable to sustain...
