Gilbertson v. Ideacom Mid Am. Inc., 030419 MNWC, WC18-6213

Docket Nº:WC18-6213
Case Date:March 04, 2019
CHAD GILBERTSON, Employee/Appellant,
IDEACOM MID AM. INC. and AMTRUST GROUP, Employer-Insurer/Respondents
No. WC18-6213
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
March 4, 2019
         CAUSATION – SUBSTANTIAL EVIDENCE. Substantial evidence, including medical records and expert medical opinion, supported the compensation judge’s findings determining that the employee’s work injury was temporary.           David K. Cody, The Cody Law Group, Vadnais Heights, Minnesota, for the Appellant.           Scott A. Stoneking and Lauren N. Harvey, McCollum, Crowley, Moschet, Miller & Laak, Bloomington, Minnesota, for the Respondents.           Determined by: Sean M. Quinn, Judge, Gary M. Hall, Judge, Deborah K. Sundquist, Judge           Compensation Judge: Sandra J. Grove          Affirmed.           OPINION           SEAN M. QUINN, Judge.          The employee appeals from the compensation judge’s determination that the employee’s May 14, 2015, work injury was temporary, and from the denial of some claims. As the compensation judge’s decision was supported by substantial evidence, including expert medical opinion, we affirm.          BACKGROUND          On May 14, 2015, the employee, Chad Gilbertson, was in an automobile collision while in the course and scope of his employment with the employer, Ideacom Mid-America, Inc.          The collision occurred in a parking lot on the employer’s premises. The employee’s vehicle was broadsided by a vehicle driven by a co-worker. The employee did not see the other vehicle and, was therefore surprised and unprepared for the impact. The employee estimated he was traveling 25 miles per hour and the other vehicle was traveling 25-30 miles per hour. The driver of the other vehicle described both vehicles as traveling at no more than 10 miles per hour at the time of impact. The other driver also testified that just prior to the collision, both of the vehicles were stopped and about 10-15 feet apart.          Damage to the body of the employee’s vehicle appeared minimal, however, the vehicle was not drivable as the right front wheel was broken. The cost of repair was estimated at $4,400.00, and given the value of the employee’s vehicle, amounted to a total loss.          The employee did not suffer any symptoms at the time of the collision, but later in the day began developing pain in his neck, upper back, and, to a lesser degree, his lower back. He self-treated until May 18, 2015, when he sought care from Dr. Richard Endris, a chiropractor. The employee exhibited symptoms of pain from the neck to the low back with the worst pain at the neck. Dr. Endris diagnosed neck, thoracic, rib, pelvis, wrist, jaw, and headache injuries. Most of Dr. Endris’s treatment notes were fairly consistent in showing progressive improvement of the employee’s symptoms. The employer and insurer accepted primary liability for admitted work-related injuries to the employee’s neck, mid-back, and low back.          The employee continued to treat with Dr. Endris over the next several months. The frequency of treatment was reduced from three times per week to once every other week. The employee described slow improvement of his neck and upper back pain during this time.          Due to the persistence of ongoing symptoms, Dr. Endris referred the employee for a neurological consultation. On October 10, 2015, the employee was examined by Dr. Susan Evans at Noran Neurological. The employee exhibited tenderness of the cervical paraspinal muscles and spasm at C5-6 and T1-2, and spasm at L4-5. Dr. Evans diagnosed a myoligamentous injury to the employee’s cervical, thoracic, and lumbar spine with cervicogenic headaches. As the employee’s symptoms were mostly in his neck and upper back, Dr. Evans ordered MRIs of the cervical and thoracic spine, which were done on October 12, 2015. Both scans were interpreted as normal.          The employee continued to complain of headaches and...

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