JEANNE M. BAIN, Employee,
v.
BECKLUND HOME HEALTH CARE and AMERICAN COMPENSATION INS./RTW, INC., Employer-Insurer/Appellants.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
February 19, 1999
HEADNOTES
MEDICAL
TREATMENT & EXPENSE - TREATMENT PARAMETERS. Where
some or all of the disputed chiropractic and physical therapy
treatments were provided after the effective date of the
permanent medical treatment parameters, the compensation
judge should have considered the employer and insurer's
argument that the treatments exceeded the limitations in the
parameters. Case remanded to the compensation judge for
resolution of factual issues raised by the parties on appeal.
Remanded.
Determined by Wheeler, C.J., Wilson, J., and Johnson, J.
Compensation Judge: Danny P. Kelly.
OPINION
STEVEN
D. WHEELER, Judge
The
employer and insurer appeal from the compensation judge's
determination finding the chiropractic services performed
from November 7, 1994 through April 25, 1995 and the physical
therapy treatment provided between February 17, 1995 and
April 5, 1995 to be reasonable and necessary.
BACKGROUND
The
employee, Jeanne M. Bain, sustained an admitted work injury
to her low back on July 18, 1994 while working as a home care
aide for Becklund Home Health Care, hereinafter the
employer. At the time of her injury the employee was 29
years of age.
Following
a week of self-treatment the employee sought the assistance
of Aagesen Chiropractic Clinic. Dr. Aagesen treated the
employee from July 25, 1994 through November 3, 1994 on 34
occasions. On November 3 Dr. Aagesen referred the
employee to Physicians' Diagnostics and Rehabilitation
Clinic, hereinafter PDR, for physical therapy treatment under
the supervision of Dr. Todd Ginkel, D.C.. The employee
was treated by PDR from November 7, 1994 through April 25,
1995. Simultaneously, the employee continued to see Dr.
Aagesen from November 7, 1994 through April 24, 1995,
receiving 21 treatments. The employer and insurer
voluntarily...
