Doores v. Early Bird Transportation Services, LLC, 111816 IDWC, IC 2012-017689

• Case Date: November 18, 2016
• Court: Idaho

LINDA DOORES, Claimant, v. EARLY BIRD TRANSPORTATION SERVICES, LLC, Employer, and STATE INSURANCE FUND, Surety, Defendants. No. IC 2012-017689 Idaho Workers Compensation Before the Industrial Commission of the state of Idaho November 18, 2016           ORDER           R.D. Maynard, Chairman          Pursuant to Idaho Code § 72-717, Referee Alan Taylor submitted the record in the above-entitled matter, together with his recommended findings of fact and conclusions of law, to the members of the Idaho Industrial Commission for their review. Each of the undersigned Commissioners has reviewed the record and the recommendations of the Referee. The Commission concurs with these recommendations. Therefore, the Commission approves, confirms, and adopts the Referee's proposed findings of fact and conclusions of law as its own.          Based upon the foregoing reasons, IT IS HEREBY ORDERED that:

1. Claimant has not proven that due to her industrial accident, she is entitled to medical benefits for her left hip injury.

2. The issue of Claimant's entitlement to temporary disability benefits for her left hip injury is moot.

3. Pursuant to Idaho Code § 72-718, this decision is final and conclusive as to all matters adjudicated.

         INDUSTRIAL COMMISSION           Thomas E. Limbaugh, Commissioner, Thomas P. Baskin, Commissioner          CERTIFICATE OF SERVICE          I hereby certify that on the 18^th day of November, 2016, a true and correct copy of the foregoing ORDER was served by regular United States mail upon each of the following:          CLINTON E MINER 412 S KINGS AVE STE 105 MIDDLETON ID 83644          PAUL J AUGUSTINE PO BOX 1521 BOISE ID 83701          FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION          INTRODUCTION          Pursuant to Idaho Code § 72-506, the Idaho Industrial Commission assigned the above-entitled matter to Referee Alan Taylor, who conducted a hearing in Boise on February 17, 2016. Claimant, Linda Doores, was present in person and represented by Clinton E. Miner, of Middleton. Defendant Employer, Early Birds Transportation Services, LLC (Early Birds Transportation), and Defendant Surety, State Insurance Fund, were represented by Paul J. Augustine, of Boise. The parties presented oral and documentary evidence. Post-hearing depositions were taken and briefs were later submitted. The matter came under advisement on September 8, 2016.          ISSUES          The issues to be decided are:

1. Whether Claimant is entitled to medical benefits for her alleged hip injury/condition.

2. Whether Claimant is entitled to temporary disability benefits for her alleged hip injury/condition.

         CONTENTIONS OF THE PARTIES          All parties acknowledge that Claimant sustained an industrial motor vehicle accident while working for Early Birds Transportation on July 18, 2012, resulting in back and cervical injuries for which Defendants have provided medical treatment. Claimant alleges she also suffered a left hip injury in the accident or, alternatively, during subsequent medical treatment of her industrial back injury. She now seeks medical and time loss benefits for her left hip injury. Defendants assert that the expert medical evidence does not relate Claimant's left hip injury to her industrial motor vehicle accident or to her subsequent treatment and deny responsibility for further benefits.          EVIDENCE CONSIDERED          The record in this matter consists of the following:

1. The Industrial Commission legal file;

2. The pre-hearing deposition testimony of Linda Doores taken by Defendants on January 19, 2016;

3. The testimony of Claimant taken at hearing;

4. Claimant's Exhibits 1 through 24 and Defendants' Exhibits 1 through 3, admitted at the hearing; and

5. The post-hearing deposition of Richard Radnovich, D.O., taken by Claimant on April 14, 2016.

         All pending objections are overruled. After having considered the above evidence and the arguments of the parties, the Referee submits the following findings of fact and conclusions of law for review by the Commission.          FINDINGS OF FACT          1. Claimant was born in 1972. She was 43 years old and resided in Caldwell at the time of the hearing. She graduated from Caldwell High School. Commencing in 1999, she had back pain from time to time for which she received chiropractic treatment. In 2010, Claimant was thrown from a horse and sustained a dislocated right shoulder, cracked ribs, and a bruised right hip. She received conservative medical treatment and her symptoms resolved. She had no motor vehicle accidents or left hip symptoms prior to July 2012.          2. On July 18, 2012, Claimant was working for Early Birds Transportation driving a vehicle transporting the disabled. As she approached an intersection, the driver of the car in front of her braked suddenly. Claimant was unable to stop and rear-ended the car in front of her at approximately 5-15 miles per hour. She was wearing her seatbelt and the airbag of the vehicle she was driving did not deploy. Claimant noted immediate neck, shoulder, and back pain. She was cited for the accident and discharged from her employment shortly thereafter. She received medical treatment and came under the care of Stephen Martinez, M.D., who diagnosed cervical and thoracolumbar strains. Dr. Martinez's records make no mention of left hip symptoms. Claimant attended multiple physical therapy sessions. Her neck and shoulder symptoms improved with conservative treatment; however her lower back and leg symptoms persisted.          3. On September 23, 2012, Claimant underwent a lumbar MRI that disclosed L4-5 central disc bulge with inferior extension deforming the thecal sac with modest narrowing in the neural foramen and lateral recess bilaterally, and L5-S1 moderate disc bulging in the central and right lateral recess contacting the right S1 nerve root.          4. On September 28, 2012, Claimant was returning to her home after lunch with her husband when her car was rear-ended by another car. She was transported to the hospital by EMS with cervical and back immobilization. At the hospital Murry Sturkie, D.O., examined Claimant and recorded: "Restrained driver in low speed MVC. Pt car struck from behind. EMS reports no damage to either vehicle. C/O neck, back, bilat hip pain and left shoulder pain." Claimant's Exhibit 2, p. 73. Dr. Sturkie further recorded: "pelvis is stable to pressure but there is bilateral hip pain with left side worse than the right...