GEORGE HAKOMAKI, Employee/Appellant,
v.
BRAUN INTERTEC and CNA, Employer-Insurer/ Respondents,
and
CHOICE THERAPY, ESSENTIA HEALTH - AURORA CLINIC, and HEALTH PARTNERS, INC., Intervenors
No. WC20-6342
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
October 30, 2020
EVIDENCE
– EXPERT MEDICAL TESTIMONY. Noting that a doctor makes
no reference to an intervening incident in the
employee’s medical history is part of the compensation
judge’s weighing of evidence and does not constitute
improper exclusion of evidence for lack of foundation by the
compensation judge.
CAUSATION
– SUBSTANTIAL EVIDENCE. Substantial evidence, including
medical records and expert medical opinion, supports the
denial of the employee’s claims in relation to a low
back injury.
Ronald
R. Envall, LaCourse, Poole & Envall, P.A., Duluth,
Minnesota, for the Appellant.
Mark
A. Kleinschmidt, Cousineau, Waldhauser & Kieselbach,
Mendota Heights, Minnesota, for the Respondents.
Patricia J. Milun, Chief Judge, Gary M. Hall, Judge, Sean M.
Quinn, Judge.
Compensation Judge: William J. Marshall.
Affirmed.
OPINION
PATRICIA J. MILUN, Chief Judge.
The
employee appeals the compensation judge’s findings
related to the compensability of medical treatment received
for employee’s low back condition. As substantial
evidence supports the compensation judge’s findings, we
affirm.
BACKGROUND
George
Hakomaki, the employee, worked for Braun Intertec as a
drilling assistant. In this position, the employee was
required to perform significant lifting. On April 12, 2018,
the employee was pouring a gelling agent from a 50-pound bag
when he felt a pain in his low back. The employee applied ice
and heat to his low back and took Tylenol and ibuprofen, but
his pain symptoms continued. On April 23, 2018, the employee
was examined by Brooke Harle, APRN, CNP. CNP Harle diagnosed
the employee with acute midline low back pain. She imposed a
five-pound lifting restriction on the employee and directed
him to seek conservative treatment if the pain did not
resolve with rest and medication (Naproxen and Flexeril).
On May
1, 2018, the employee was examined on a follow-up by CNP
Harle. The employee described his back pain as worsening,
despite following the work restrictions. The employee
described the pain as centered in his mid to low back, and
occasionally radiating down his right leg to mid-thigh.
Imaging of the lumbar spine revealed narrowing of the L5-S1
disc space and mild narrowing of the right SI joint. CNP
Harle referred the employee for physical therapy.
On May
9, 2018, Jakob Rikkola, PT, examined the employee. The
employee described continuing pain in his mid to low back,
increasing with bending, twisting, and lifting. PT Rikkola
applied a number of range of motion (ROM) exercises and
applied electrical stimulation with moist heat to the
affected portion of the employee’s back. PT Rikkola
assessed the employee’s rehabilitation potential as
good. The employee was directed to attend physical therapy
sessions twice per week. In follow-up sessions, the employee
reported reduced pain and...
