REGINA HUDERLE, Employee/Appellant
v.
SANFORD CLINIC BEMIDJI and DAKOTA TRUCK UNDERWRITERS/RISK ADMIN. SERVS., INC., Employer-Insurer/Respondents.
No. WC15-5837
Minnesota Workers Compensation
Workers Compensation Court of Appeals
January 26, 2016
CAUSATION
- SUBSTANTIAL EVIDENCE. Substantial evidence, including
expert medical opinion, supports the compensation
judge’s finding that the employee’s April 2012
work injury had resolved as of September 12, 2012, and
therefore was not a substantial contributing factor to her
disability, need for treatment, or work restrictions after
that date.
REHABILITATION
- ELIGIBILITY. Where the employee had returned to suitable
gainful employment with the date-of-injury employer,
substantial evidence supports the compensation judge’s
finding that the employee was not a qualified employee for
rehabilitation services.
John
P. Bailey, Bailey Law Office, Ltd., Bemidji, Minnesota, for
the Appellant.
Charlene K. Feenstra, Heacox, Hartman, Koshmrl, Cosgriff
& Johnson, P.A., St. Paul, Minnesota, for the
Respondents.
Determined by: Gary M. Hall, Judge, Manuel J. Cervantes,
Judge, Deborah K. Sundquist, Judge
Compensation Judge: Jerome G. Arnold.
Affirmed.
OPINION
GARY
M. HALL, Judge.
The
employee appeals the compensation judge’s finding that
the employee’s April 2012 work injury had resolved as
of September 12, 2012, and therefore was not a substantial
contributing factor to her disability, need for treatment, or
work restrictions since that date, and the finding that the
employee was not a qualified employee for rehabilitation
services. We affirm.
BACKGROUND
On
April 16, 2012, Regina Huderle, the employee, sustained an
admitted low back injury while working as a nursing assistant
for Sanford Health, the employer, after frequently assisting
a heavy patient out of bed over three consecutive nights. The
employer was insured for workers’ compensation
liability by Dakota Truck Underwriters. The employee treated
for constant low back pain with Dr. Thomas Hanson, a
chiropractor.1 Dr. Hanson diagnosed lumbar
sprain/strain, thoracic sprain/strain, and muscle spasm. She
was initially released to work without restrictions. The
employee reported pain radiating into her legs on April 18,
2012. Dr. Hanson took the employee off work and added
cervical spine sprain/strain and headaches to the
employee’s diagnosis. The employee reported some
improvement the next day. On April 23, 2012, the employee
called Dr. Hanson reporting very little low back pain, and
was released to return to work without restrictions. The
employer and insurer admitted liability and paid temporary
total disability benefits and medical expenses.
On
April 30, 2012, the employee treated with Dr. Mark J. Carlson
at Sanford Clinic in Bemidji, Minnesota, for persistent and
worsening low back pain and leg pain. Dr. Carlson assigned
work restrictions of no bending, stooping, or twisting and no
lifting or carrying over 10 pounds, and ordered physical
therapy. The employee was off work from April 20 through May
8, 2012, and received temporary total disability benefits.
Physical therapy began on May 1, 2012. On May 9, the employee
returned to light-duty work and experienced a flare-up of her
low back symptoms with a burning sensation in her back.
On May
14, the employee reported continuing low back numbness and
pain radiating into her legs. Dr. Carlson stated that the
employee had sustained a muscle strain with myofascial pain
in the surrounding area and continued the employee’s
restrictions. Dr. Carlson did not rule out radicular pain,
but noted no evidence of weakness or progressive neurologic
impairment. A week later, the employee reported improvement
and her restrictions were lessened to allow rare bending and
twisting and lifting/carrying up to 15 pounds. Physical
therapy was continued. On May 24, the employee reported
worsening low back pain aggravated in physical therapy with
shooting pain down her leg. Dr. Carlson reinstated the
employee’s previous restrictions and ordered x-rays and
an MRI scan. The June 1, 2012, MRI indicated mild disc
degeneration at L4-5 and L5-S1 with small tears within the
posterior annular fibers of the intervertebral discs, and no
significant central spine stenosis or neural foraminal
narrowing. The MRI report noted that the findings could
account for the acute symptoms of low back pain.
On June
14, 2012, the employee returned to Dr. Carlson, reporting
increased back pain after working four to five hours. Dr.
Carlson reviewed the employee’s MRI results and stated
that the employee’s radiating pain could be referred or
myofascial pain. He noted that the low back pain was possible
secondary to the annular tear, but that it could be
degenerative and progressive over time rather than due to an
acute injury, and that there was no evidence of radicular
findings. Physical therapy and work restrictions continued
with frequent position changes added.
On June
18, 2012, Dr. Carlson referred the employee to Dr. Maxwell
Gessner at the Sanford Bemidji Pain Management Clinic, who
treated the employee with a lumbar epidural steroid injection
at L5-S1 on July 2. A few weeks later, the employee reported
no significant improvement from the injection and increased
pain after working four to six hours. Dr. Carlson prescribed
Gabapentin, continued the employee’s physical therapy...
