DENNIS J. CARLSON, Employee,
v.
NORTHLAND PAPER SUPPLY and STATE FUND MUT. INS. CO., Employer-Insurer/Appellants,
and
MEDICA CHOICE for HRI and MN DEP'T OF ECONOMIC SEC./VRI, Intervenors.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
January 8, 1999
HEADNOTES
PERMANENT
PARTIAL DISABILITY - SHOULDER. Where all physicians
diagnosed a right shoulder dislocation, the compensation
judge properly rated the employee with a three percent
permanent partial disability under Minn.R. 5223.0110, subp.
3.B., which provides such a rating in the event of a shoulder
dislocation, one occurrence, without surgery, despite the
fact that the only physician rating permanency had given a
zero percent rating.
TEMPORARY
PARTIAL DISABILITY - SUBSTANTIAL EVIDENCE. Where the
employee had sustained a three percent permanent partial
disability and, although the employee's doctor had
released the employee with no formal restrictions, the doctor
advised the employee that the employee would have to
self-regulate his work activities, and the where the employee
testified that he had to observe self-imposed restrictions on
repetitive use of his right arm or over-the-shoulder
weight-bearing activities, substantial evidence supported the
compensation judge's award of temporary partial
disability based upon post-injury reduced earnings.
Affirmed.
Determined by Wilson, J., Pedersen, J., and Wheeler, C.J.
Compensation Judge: Gregory A. Bonovetz
OPINION
STEVEN
D. WHEELER, Judge
The
employer and insurer appeal from the awards of permanent
partial and temporary partial disability compensation
and a rehabilitation consultation. We affirm.
BACKGROUND
The
employee, Dennis J. Carlson, is a 48 year old
widower. He is right-handed. Following high school
the employee attended Hibbing Community College for one year,
and went full time to the University of Minnesota for two
years. He did not complete a degree. He then worked
in a variety of jobs which included residential carpentry
construction, driving a forklift for a brewery, and working
for the Red Owl Family Center stocking shelves and waiting on
customers. The employee testified that, with the
exception of forklift driving, all of these jobs involved
either heavy lifting or a substantial degree of
over-the-shoulder use of the arms. He began working for
the employer, Range Paper Corporation, as a truck driver and
warehouseman in 1973. This job also involved a lot of
heavy lifting, pushing, pulling and over-the-shoulder
work. He sustained an admitted work-related injury to
the right shoulder on March 9, 1992, when he experienced a
sharp pain in the right shoulder while attempting to tip a 55
gallon barrel of liquid soap onto a two-wheeled
handcart. The employee's weekly wage on the date of
injury was $360.35. (T. 34-35; Exh. J; Exh. L at 6-7;
Findings 2, 4 - 6 [unappealed].)
Immediately
following the injury, the employee was unable to continue
working and was seen for evaluation by Dr. Jan Dawson at the
Adams Clinic later that day. The employee reported that
the shoulder had snapped and come out of joint several times
since the occurrence. On examination, Dr. Dawson noted
tenderness to palpation in the anterior portion of the right
shoulder in the region of the long head of the biceps
tendon. Crepitation was noted on motion of the shoulder
and the shoulder was seen to "sublux," or partially
dislocate, anteriorly with force or torque, but it was easily
snapped back into place. Dr. Dawson diagnosed
intermittent dislocation of the right shoulder. The
employee was released from work and placed in a shoulder
immobilizer. (Exh. 8 at 398-399.)
The
employee returned to Dr. Dawson for a follow-up appointment
on March 20, 1992. He reported that he had continued to
experience "popping and clicking in the right shoulder
with occasional feelings of giving out," but that he was
doing better overall. Dr. Dawson noted that the
employee's right shoulder was tender to palpation in the
subacromial area laterally as well as in the area of the
posterior humeral head. Slight crepitation to palpation
was noted with lateral traction. Abduction was
weak. Dr. Dawson gave tentative approval for the
employee to return to work on March 30, 1992, and prescribed
range of motion and strengthening exercises. (Exh. 8 at
324.)
The
employer and insurer accepted liability for a workers'
compensation injury and paid temporary total disability
compensation from March 10, 1992 until March 30, 1992, when
the employee returned to work for the employer in his
pre-injury job at full wages. At some point in the
spring of 1992, the employer and insurer also paid the
employee permanent partial disability compensation for a
three percent whole-body impairment consisting of a shoulder
dislocation, single episode, no surgery, pursuant to Minn. R.
5223.0110, subp. 3B. (T. 42; Findings 6, 7
[unappealed].)
The
employee again returned to Dr. Dawson on May 12,
1992. The employee reported that he continued to have
difficulty with pulling, pushing and overhead
activity. He had found it helpful to wear the shoulder
immobilizer while working. Dr. Dawson noted full
shoulder range of motion on examination but "there [was]
weakness to abduction of the right arm" and "some
atrophy or decreased muscle mass in the right biceps
tendon." Dr. Dawson referred the employee for an
orthopedic evaluation to rule out rotator cuff
injury. (Exh. 8 at 323.)
The
employee underwent an MRI of the right shoulder on May 20,
1992 and was seen by the orthopedist, Dr. Jay Davenport, on
May 21, 1992. Dr. Davenport's notes indicate that
the employee "saw Dr. Dawson who x-rayed him, put him in
a sling for about 3 weeks, was out of the sling and tried to
work and he developed pain in his shoulder and was put back
in the sling. The shoulder has not dislocated or
subluxed since he has been out of the sling, but it has been
painful and it...
