THOMAS BEARD, Employee,
v.
AMERICAN LINEN & APPAREL n/k/a AMERIPRIDE, and CNA INS./GAB ROBINS, INC., Employer-Insurer/Appellants,
and
TWIN CITIES BAKERY DRIVERS HEALTH and WELFARE FUND, Intervenor.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
April 6, 1999
HEADNOTES
CAUSATION
- SUBSTANTIAL EVIDENCE. Substantial evidence, including
expert medical opinion, supports the compensation judge's
determination that the employee continued to suffer from the
effects of his December 8, 1997 work-related injury through
the date of hearing, and that it was premature to determine
whether the work injury was temporary or permanent.
EARNING
CAPACITY - SUBSTANTIAL EVIDENCE. Substantial evidence
supports the compensation judge's finding that the
employee's current work restrictions and reduction of
earning capacity are causally related to his December 8, 1997
work injury.
Affirmed.
Determined by Johnson, J., Wilson, J., and Pederson, J.
Compensation Judge: Carol A. Eckersen
OPINION
THOMAS
L. JOHNSON, Judge
The
employer and insurer appeal from the compensation judge's
conclusion that the employee continued to suffer from the
effects of his December 8, 1997 work-related injury through
the date of hearing, and that it was premature to determine
whether the work injury was temporary or permanent. The
employer and insurer also appeal from the judge's
determination that the employee sustained a reduction in
earning capacity causally related to his December 8, 1997
work injury. We affirm.
BACKGROUND
The
employee, Thomas Beard, began working as a driver for the
employer, American Linen and Apparel, n/k/a AmeriPride, in
1980. He drove a regular route, that at the time of the
injury included western Wisconsin customers from Sommerset,
north to Frederick and east to Turtle Lake. The
employee's job duties included delivering packages of
clean tablecloths, napkins, towels, uniforms and the like,
removing and replacing soiled rugs, and picking up bags of
soiled linens. The bags weighed from 50 to 80 pounds
each. The employee would carry the bags out to the
truck, lift them into the truck, and then stack them in the
back to a height of about six feet.
On
about November 19, 1991, the employee was involved in a
non-work-related motor vehicle accident. He was seen at
the Fairview Northeast Clinic and was initially treated for a
left shoulder strain and left hip pain. He returned to
the clinic on November 25, 1991, complaining of left-sided
stiffness and soreness in his neck. The employee was
treated conservatively for a neck and left shoulder strain
through January 22, 1992. On that date, the employee
reported he was feeling fine. The doctor noted slight
soreness around the shoulder blade, but the back and neck
were non-tender, and range of motion was full. The
employee was released to return to work, without restrictions
as of January 27, 1992. The employee did not seek
medical attention for his neck thereafter until 1997, and
continued to work in his regular job as a route driver.
On
March 27, 1997, the employee returned to Fairview Northeast
Clinic, reporting a lump in the back of his neck which would
swell up, particularly while driving his route. On exam,
the doctor noted a bony midline neck nodule in the cervical
spine. X-rays showed a very prominent posterior spinous
process at C2, which the doctor believed accounted for the
lump. The x-ray also showed osteoarthritic and
spondylitic changes in the mid- and lower cervical region
with disc degeneration from C4 to C6, most marked at
C5-6. The doctor recommended the employee move his neck
more while driving and use anti-inflammatory medications as
needed. The employee lost no time from work and
continued to do his regular duties as a route driver.
On
December 8, 1997, the employee was picking up soiled linens
at the first customer on his route, Aveda Health Spa, in
Osceola, Wisconsin. He had about 60 bags to take out to
the truck, each weighing around 70 to 75 pounds. As the
employee was lifting a bag into the truck, at about shoulder
height, he felt something pop in the lower neck, and had
immediate right-sided pain in the base of the neck and
between the shoulder blades. He sat in the truck until
an Aveda employee came out, who then called the
employer. Another driver took over the route and the
employee returned to the employer with the unit manager.
The
employee then went to HealthWorks where he was examined by
Dr. James...
