JOYCE CAULEY CLAIMANT
v.
WALMART ASSOCIATES, INC. EMPLOYER
AND
NEW HAMPSHIRE INSURANCE COMPANY CARRIER
MWCC No. 1604748-P-2498
Mississippi Workers Compensation Decisions
Mississippi Workers Compensation Commission
March 3, 2020
APPEARING FOR CLAIMANT: Taylor R. Brinkley, Esquire.
APPEARING FOR EMPLOYER AND CARRIER Casey D. Younger, Esquire.
ORDER
OF ADMINISTRATIVE JUDGE
VIRGINIA WILSON MOUNGER, ADMINISTRATIVE JUDGE.
The
claimant filed her Petition to Controvert on August 29, 2016,
alleging she sustained injuries to her cervical spine,
thoracic spine, lumbar spine, left shoulder, left upper
extremity, right shoulder, right upper extremity, associated
structures and body as a whole while working as an Assistant
Manager for Walmart. On September 21, 2016, employer/carrier
admitted that claimant sustained injuries to her upper
extremities, back and neck, on the date set forth in her
Petition to Controvert, but denied all other injuries.
A
hearing was held in this matter on November 1, 2019, at 2:00
p.m., at the Mississippi Workers' Compensation Building,
1428 Lakeland Drive, Jackson, Mississippi. Requested briefs
were received subsequent to the hearing and the record closed
on January 20, 2020.
ISSUES
1.
Existence, nature and extent of disability attributable to
the injury or injuries;
2. Date
of Maximum Medical Improvement (MMI).
STIPULATION
Claimant's
average weekly wage is $948.25.
EVIDENCE
General
Exhibit 1: Medical Records of Dr. Stephen Beam;
General
Exhibit 2: Medical Records of Southern Bone & Joint;
General
Exhibit 3: Medical Records of Dr. Brian Trussell;
General
Exhibit 4: Dr. Trussell Opinion Letter, August 16, 2019;
Claimant
Exhibit 5: Family Medical Leave Act, Dr. Brian Trussell;
Claimant
Exhibit 6: Attorney Correspondence Regarding Job Search, June
20, 2019 through July 1, 2019;
Claimant
Exhibit 7: Attorney Correspondence Regarding Job Openings,
July 15, 2019;
Claimant
Exhibit 8: Leave Closure, May 16, 2019;
Claimant
Exhibit 9: Job Search Report Forms;
Claimant
Exhibit 10: Claimant's Resume;
Employer/Carrier
Exhibit 11: Employer Medical Examination[1] of Dr. Rahul Vohra;
Employer/Carrier
Exhibit 12: Leave of Absence Documents;
Employer/Carrier
Exhibit 13: Work Schedule, May 11, 2019 through May 24, 2019;
Employer/Carrier
Exhibit 14: Text Messages Between Claimant and Niki Williams;
Employer/Carrier
Exhibit 15: Job Description; Job Posting and Requisition
Forms;
Employer/Carrier
Exhibit 16: Functional Capacity Evaluation (FCE) Report,
April 13, 2019;
Employer/Carrier
Exhibit 17: Addendum of Dr. Rahul Vohra dated August 15,
2019, marked initially as ID-A.
SUMMARY
AND EVALUATION OF RELEVANT EVIDENCE
Joyce
Cauley, Claimant
Claimant
was born on November 15, 1965, and currently resides in
Ovette, Mississippi. She obtained a GED in 1988. Claimant has
worked previously for GNK Services as a seamstress, Comfort
Care and Molly Maid as a Certified Nurse Assistant (CNA),
Decorators Delight making custom draperies, and Walmart as an
Assistant Manager. Claimant worked for Walmart for over
sixteen (16) years.
Claimant
alleges that on May 9, 2016, while working at Walmart, she
injured her cervical spine, thoracic spine, lumbar spine,
left shoulder, left upper extremity, right shoulder, right
upper extremity, associated structures and body as a whole.
Claimant testified that immediately after the incident she
reported her injuries to her employer. Notice of same is not
contested in this claim. Employer/Carrier admitted the
claimant's injuries to her upper extremities, back and
neck and denied all other injuries. Claimant was then
referred to Southern Bone & Joint Clinic.
Claimant
testified that she took intermittent leave to take care of
her disabled father and she was expected to return to work.
There was a discussion between claimant and "Niki"
about claimant's leave time.[2]
Claimant
testified that she now has a job[3], but is earning less money than
she was earning at the time of her work injury. She is
presently an Assistant Manager and is working at a training
facility.
Manuel
Martinez
Manuel
Martinez, Supervisor, testified at the hearing that he was an
employee of Walmart, and he assumed claimant was scheduled to
return to work on May 16, but she was a "no show, no
call" for three days. Claimant was never terminated, and
to his knowledge, claimant never applied for another
Assistant Manager's position, although a decision to
terminate claimant from her employment with Walmart was made
as a result.
Niki
Williams
Niki
Williams testified on behalf of Walmart. She testified that
on May 16 claimant was supposed to return to work and she did
not. She was reportedly not terminated and is still in the
system. Further, she testified claimant never re-applied for
a job at Walmart.
MEDICAL
TESTIMONY
Dr.
Stephen Beam, Work Well
On May
9, 2016, claimant presented to Work Well Clinic and reported
that on May 9, 2016, she injured her back, left arm, left
shoulder, right arm, and right shoulder when she was hit by a
falling endcap at work and pushed into a metal shelf. Dr.
Beam noted that claimant was a 50-year-old female, 13 year
employee of Walmart, and right handed. Claimant's primary
concern was her pain located in the thoracic region which she
described as aching and throbbing. Claimant also described
her pain as constant and made worse by sitting and improved
with no activity. Claimant's other concern involved pain
located in her left shoulder and arm which she also described
as aching and throbbing. Claimant reported her pain onset was
less than a day old and described her overall pain at 4/10
level. Claimant's medications included Ventolin. Upon
examination, it was noted that claimant had bruising present
but no abrasions or open wound. X-rays of her thoracic spine
and left shoulder were performed, and these x-rays were
unremarkable. It was noted that the cause of her problems was
related to work activities. Another appointment was scheduled
for May 13, 2016. Claimant was diagnosed with left shoulder
and back contusions. Claimant was restricted from overhead
reaching and no pushing, pulling, and carrying limited to 10
pounds or less. Claimant was prescribed Tramadol and
Cyclobenzaprine.
On May
11, 2016, claimant returned to Work Well Clinic and reported
her pain level at 7/10 and that her pain interrupted her
sleep. She reported she had taken the pain medication and
muscle relaxer prescribed and by midnight she was up, unable
to sleep. Her pain was in her thoracic region, left shoulder
and arm. She noted pain in her right shoulder at 4/10 level.
She also noted pain in her gluteal area for two days at a
pain level of 7/10. Claimant was diagnosed with a contusion
of the left shoulder, contusion of the lower back and pelvis,
and contusion of the right shoulder. Claimant was referred to
Southern Bone and Joint "to be sure nothing is
wrong." Claimant's work restrictions remained the
same.
Southern
Bone & Joint
On
September 16, 2015, claimant presented to Southern Bone &
Joint with pain in her left wrist, elbow and hand.
Claimant's chief complaint was left upper extremity pain
with achy pain in her lateral elbow for a few months. X-rays
of the left elbow were normal, and her pain was localized to
the lateral elbow and radiated up and occurred primarily with
lifting. The pain was made worse by foot surgery she had had
in the recent past which necessitated the use of crutches. No
other trauma or inciting event was noted. Her pain level was
3/10, and claimant noted her pain caused insomnia. She has
been prescribed Diclofenac, Voltaren gel and an elbow brace.
Claimant related that she has been on lifting restrictions
and reported that Walmart will not take her back to work as
long as she has restrictions. Dr. Constantine Charogiu
diagnosed her with left elbow lateral epicondylitis (tennis
elbow) and pain in the wrist. Treatment options were
discussed including continuing on anti-inflammatories and
lifting in supination rather than pronation. She was offered...
