JODI LYNNE BOWERS, Claimant
v.
VCAANTECH, INC. D/B/A AVON DALE DOG CLINIC & SPA, Employer,,
and,
SENTINEL INSURANCE COMPANY, LTD., insurance Carrier, Defendants.
No. 5064980
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 13, 2020
Head
Notes: 1402.30, 1801.1, 1802, 1803,2501,2502
ARBITRATION DECISION
JAMES
F. CHRISTENSON DEPUTY WORKER'S COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
Claimant,
Jodi Lynne Bowers, filed a petition in arbitration seeking
workers' compensation benefits from VCA Antech, Inc.,
d/b/a Avondale Dog Clinic & Spa (Avondale), employer and
Sentinel Insurance Company, Ltd., insurer, both as
defendants. This matter was heard in Des Moines, Iowa on
August 16, 2019 with a final submission date of September 14,
2019.
The
record in this case consists of Joint Exhibits 1-16,
Claimant's Exhibits 1-12, Defendants' Exhibits A
through G, and the testimony of claimant.
The
parties filed a hearing report at the commencement of the
arbitration hearing. On the hearing report, the parties
entered into various stipulations. AN of those stipulations
were accepted and are hereby incorporated into this
arbitration decision and no factual or legal issues relative
to the parties' stipulations will be raised or discussed
in this decision. The parties are now bound by their
stipulations.
ISSUES
1.
Whether claimant sustained an injury to her cervical spine
that arose out of and in the course of employment on May 31,
2017.
2.
Whether claimant's injury was a cause of temporary
disability.
3.
Whether claimant's injury was a cause of permanent
disability; and if so 4. The extent of claimant's
entitlement to permanent partial disability benefits.
5.
Whether there is a causal connection between the injury and
the claimed medical expenses.
6.
Whether claimant is due reimbursement for the independent
medical evaluation (IME) performed by Sunil Bansal, M.D.
The
parties did stipulate in the hearing report claimant
sustained an injury that arose out of and in the course of
employment. It is clear from the arguments raised at hearing
and the post-hearing briefs that the parties agree claimant
sustained a work-related injury on May 31, 2017, but they
disagree that the May 31, 2017 injury caused an injury to
claimant's cervical spine.
FINDINGS
OF FACT
Claimant
was 52 years old at the time of hearing. Claimant graduated
from high school. She has a two-year degree from a community
college in clerical administration.
Claimant
has done clerical work for the Iowa Department of
Transportation. She worked at Hy-Vee. Claimant worked
part-time as a lunch program coordinator for the Des Moines
Public Schools.
Claimant
began at Avondale in 1997. Avondale is a pet day care and
veterinarian business. Claimant managed the dog day care, the
dog spa, the cat hospital, and the grooming portion of the
business.
Claimant
indicated her work as a manager at Avondale included, but was
not limited to clerical work, walking dogs, cleaning kennels,
and doing remodeling and carpentry work. Claimant testified
she also supervised between 15-20 employees. Claimant says
she oversaw scheduling of employees. She said she also did
bookkeeping and billing for Avondale.
Claimant's
prior medical history is relevant. In 2009 claimant was
treated for right eibow tendinitis. (Joint Exhibit 1, page 1)
In 2009
claimant underwent a cubital tunnel surgery on the right.
(Exhibit D, p. 17; Transcript pp. 23, 60-61)
In 2014
claimant treated for neck pain. (Jt. Ex. 1, p. 7)
In
April of 2016 claimant was evaluated for possible recurrent
carpal tunnel syndrome on the right. Claimant was given an
injection and a splint to wear at night. (Jt. Ex. 3, pp. 1-6;
Tr. pp. 26, 68)
There
is no evidence in the record any of claimant's prior
injuries resulted in any permanent restrictions or permanent
impairment.
Claimant
testified she was walking a large leashed dog at Avondale on
or about May 31, 2017. While claimant was walking the dog
through a door, the dog took off. Claimant testified she held
onto the leash and fell forward, as the leash was wrapped
around her hand. (Tr. pp. 29, 69) Claimant testified she had
pain in her knees, arms, shoulder and neck. (Tr. p. 30)
Claimant testified she worked through the rest of the day of
her shift after the accident.
On May
31, 2017 claimant was evaluated by Brooke Stewart, PA-C for
right elbow pain. Claimant felt a pop in her right elbow
after being pulled by a dog at work. Claimant was assessed as
having strain of other extensor muscle, fascia and tendon at
forearm and a pulled elbow. She was referred to an orthopedic
surgeon and her arm was put in a sling. (Jt. Ex. 1, pp.
18-20)
Claimant
was evaluated by Brian Haupt, PA-C, with DMOS on June 7, 2017
with burning pain in the forearm and tingling in the fingers
on her right hand. Claimant was assessed as having carpal
tunnel syndrome on the right and an extensor tendon strain on
her right. EMG testing was recommended. (Jt. Ex. 3, pp.
10-12)
On June
21, 2017 claimant underwent EMG/NCV testing for the right
upper extremity. Testing showed no abnormality of the right
upper extremity. (Jt. Ex. 4; Jt. Ex. 3, p. 15)
Claimant
was evaluated by Adam Bjornson, PA-C on August 4, 2017 for
continued right elbow pain. Claimant was referred to physical
medicine to discuss possible nonsurgical treatment options.
(Jt. Ex. 1, pp. 25-27)
Claimant
was seen again at DMOS by Jeffrey Rodgers, M.D. on August 14,
2017 for constant headaches. The pain radiated from
claimant's neck to her forearm. X-rays of the cervical
spine showed significant degenerative changes. (Jt. Ex. 3, p.
16)
Claimant
was seen by Lynn Nelson, M.D. on September 26, 2017 for pain
in the neck and shoulder and the arm. Claimant was assessed
as having right-sided neck pain and right upper extremity
pain, possible cervical radiculopathy. A cervical MRI was
recommended. (Jt. Ex. 3, p. 25)
On
October 3, 2017 claimant underwent a cervical MRI. It showed
a stenosis at level C4-C6 and a prominent disc osteophyte
complex at the C6-C7 levels. (Jt. Ex. 5)
After
review of the MR], Dr. Nelson recommended an epidural steroid
injection (ESI). (Ex. 1,p. 1)
In an
October 10, 2017 report, William Boulden, M.D., gave his
opinions of claimant's condition following an IME.
Claimant had neck and right arm pain. Claimant was assessed
as having right arm pain etiology unknown with preexisting
degenerative cervical problems. Dr. Boulden opined
claimant's pathology, shown on the cervical MR!, was
preexisting. Dr. Boulden opined further care and treatment
was not related to the work injury, but was related to
preexisting problems claimant had in her neck. Dr. Boulden
opined any surgery to claimant's neck would be due to
preexisting problems. (Ex. E, pp. 37-42)
On
November 29, 2017 claimant underwent a C7-T1 ESI. (Jt. Ex. 7,
pp. 1-9)
Claimant
returned to Dr. Nelson on February 1, 2018. Claimant had no
relief from the ESI. Dr. Nelson opined claimant's work
injury of May 31, 2017 materially aggravated her underlying
cervical stenosis with subsequent cervical radiculopathy.
Surgery was discussed and chosen as a treatment option. (Jt.
Ex. 1, pp. 2-3)
On
February 28, 2018 claimant underwent surgery consisting of a
C4-C6 cervical...
