DAMON A. EWING, Employee/Respondent,
v.
PRINT CRAFT, INC. and GALLAGHER BASSETT SERVS., INC., Self-Insured Employer/Respondents
and
OPTIMAL RECOVERY, INC., Intervenor/Appellant,
and
BLUE CROSS BLUE SHIELD MN/BLUE PLUS, NORAN NEUROLOGICAL CLINIC, ALLINA MED. CLINIC, INJURED WORKERS PHARMACY, UNITED HOSP., and ABBOTT NW. HOSP., Intervenors.
No. WC18-6197
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
March 12, 2019
REHABILITATION
- FEES AND EXPENSES. The QRC was not barred from payment for
services provided under an established rehabilitation plan
until the filing of the request for termination of that plan,
despite the subsequent finding that the work injury was
temporary and had resolved prior to that filing, under Minn.
Stat. § 176.102, subd. 8; Minn. R. 5220.0510, subp. 2d;
and Parker v. Univ. of Minn., 64 W.C.D. 134, 142
(W.C.C.A. 2003).
Thomas
D. Atkinson, Atkinson Law Office, Arden Hills, Minnesota, for
the Respondent.
Gina
M. Uhrbom, Brown & Carlson, P. A., Minneapolis,
Minnesota, for the Respondents.
Joshua
E. Borken, Law Office of Josh Borken, St Paul, Minnesota, for
the Appellants.
Determined by: Gary M. Hall, Judge, David A. Stofferahn,
Judge, Deborah K. Sundquist, Judge
Compensation Judge: William J. Marshall
OPINION
GARY
M. HALL, Judge
Optimal
Recovery appeals the compensation judge’s denial of
payment for qualified rehabilitation services provided after
April 20, 2016. The compensation judge did not apply the
appropriate standard in determining eligibility for payment
of the services at issue. We reverse the decision and award
the amounts appropriate under the correct standard.
BACKGROUND
The
employee, Damon Ewing, was leaving work on December 1, 2015,
when he slipped on ice and injured his left ankle. The
employee was provided conservative treatment. Subsequently,
the employee began presenting with numerous other symptoms
and conditions alleged to have been consequential injuries
from the December 1, 2015, work injury including: complex
regional pain syndrome (CRPS), bilateral arm and shoulder
pain, back pain, neck pain and spasms, right SI joint pain,
insomnia, headaches, and depression. Medical treatment was
provided for all of these symptoms. In April 2016, the
employee was working with significant restrictions and later
taken off of work due to the effects chronic pain had on the
employee’s work performance.
In
April 2016, the employee underwent an initial assessment for
rehabilitation services from Ann Brown, QRC, of Optimal
Recovery, Inc. QRC Brown concluded that the employee was
qualified for rehabilitation services, as he was restricted
from some work due to the effects of the December 1, 2015,
work injury. In July 2016, the QRC filed an R-2 to initiate
the provision of rehabilitation services. The July 2016 R-2
provided that the QRC would coordinate medical management and
facilitate the employee’s treatment plan and return to
work process. The self-insured employer made no objection to
the R-2 at the time of filing.
On July
12, 2016, the self-insured employer filed a Notice of
Insurer's Primary Liability Determination (NOPLD),
accepting the employee’s December 1, 2015, work injury
and agreeing to pay temporary partial disability (TPD)
benefits for four days in May 2016. The QRC provided medical
management services from the time of her initial consultation
onward. In October 2016, the plan was amended with the QRC
filing an R-3 to indicate that...
