Hulac v. Lifecare Management Services, LLC, 010816 IDWC, IC 2011-000696

• Case Date: January 08, 2016
• Court: Idaho

CATHRINE HULAC, Claimant, v. LIFECARE MANAGEMENT SERVICES, LLC, Employer, and LIBERTY MUTUAL FIRE INSURANCE COMPANY, Surety, Defendants. Nos. IC 2011-000696, IC 2011-005134 Idaho Workers Compensation Before the Industrial Commission of the State of Idaho January 8, 2016           FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION           R.D. Maynard, Chairman.          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 January 27, 2015. Claimant, Cathrine Hulac, was present in person and represented by W. Breck Seiniger, of Boise. Defendant Employer, Lifecare Management Services, LLC, (Lifecare), and Defendant Surety, Liberty Mutual Fire Insurance Company, were represented by Kent W. Day, of Boise. The parties presented oral and documentary evidence. A post-hearing deposition was taken and briefs were later submitted. The matter came under advisement on September 3, 2015.          ISSUES          Although the issue of causation was noticed for hearing, Defendants' post-hearing briefing concedes "there really is no causation dispute at this time." Employer/Surety's Responsive Brief, p. 2. Thus the issues to be decided presently are:

1. Claimant's entitlement to medical care provided by Dr. Radnovich;

2. Claimant's entitlement to temporary disability benefits; and

3. Claimant's entitlement to attorney fees. All other issues are reserved.

         CONTENTIONS OF THE PARTIES          Defendants acknowledge that Claimant sustained an industrial accident on January 1, 2011, while helping transfer a patient at work and on February 19, 2011, while turning a patient by herself. Defendants provided medical treatment and Claimant continued working modified duties until April 10, 2011, when she left her employment. Defendants continued providing medical treatment until May 15, 2012, when Michael McMartin, M.D., pronounced Claimant medically stable. Thereafter Claimant underwent additional treatment by Richard Radnovich, D.O., who pronounced her medically stable on September 24, 2012. Claimant alleges entitlement to additional medical treatment and medications prescribed by Dr. Radnovich, temporary disability benefits from April 11, 2011, through September 24, 2012, and attorney fees for Defendants' alleged unreasonable denial of medical treatment. Defendants assert they have reasonably denied further benefits.          EVIDENCE CONSIDERED          The record in this matter consists of the following:

1. The Industrial Commission legal file;

2. Joint Exhibits A-Z, AA-GG, OO-ZZ, and AAA, admitted at the hearing;

3. The testimony of Claimant and Dr. Radnovich taken at the January 27, 2015 hearing; and

4. The post-hearing deposition testimony of Dr. McMartin, taken by Defendants on March 18, 2015.

         All pending objections are overruled. Defendants' Motion to Strike Claimant's Supplement to Claimant's Reply Brief is granted as said supplement effectively constitutes an over-length and untimely filed brief in violation of JRP 11.          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 1958. She is right-handed. At the time of the hearing, she was 56 years old and lived in Meridian.          2. Background. Claimant was raised in Glendale, California and graduated from high school in 1976. She received her associate's degree in nursing from Boise State University in 1993 and her bachelor's degree in general studies from the University of Nebraska in 2000. She has been a registered nurse for the past 20 years with licensure in Alaska, California, Idaho, and Nebraska.          3. During her career as a registered nurse, Claimant has worked as a director of nursing services, supervising nurse at a rehabilitation facility, health care coordinator for an emergency staffing agency, hospital nurse in neurosurgery, orthopedics, pediatrics, geriatrics, PICU, NICU, obstetrics, labor and delivery, traveling NICU and OBGYN nurse in Alaska, and self-employed home health nurse.          4. Lifecare Management is a business that at all relevant times operated as Complex Care Hospital (Complex Care) providing medical care to the critically ill or injured.          5. Claimant started with Complex Care as a registered nurse in July 2010. She had no difficulty performing her job duties. By January 1, 2011, she was working at Complex Care two 12-hour shifts each weekend. She also worked part-time at Kohl's, a retail department store, during the week.          6. Significant prior medical history. In 1993, Claimant sustained a fractured jaw and whiplash and underwent right temporomandibular joint arthroscopy. Also in 1993, she underwent right temporomandibular joint discectomy construction with a temporalis muscle flap. In 2000, she underwent a LeFort I sagittal split osteotomy and LeFort I osteotomy and mandibular sagittal split osteotomy to correct a malocclusion. She developed an infection and required removal of the plates and screws from her maxilla. In 2003 she underwent a repeat LeFort I osteotomy and mandibular split sagittal split osteotomy which was more successful. In 2008, Claimant had a plate and screws removed from her maxilla due to temperature sensitivity.          7. In approximately 2007 Claimant was at work assisting an obese patient who pulled on Claimant's arm and neck, injuring Claimant's right shoulder and neck. The injury produced pain in the back of her neck and right shoulder. She received conservative care.          8. In 2008 Claimant began treating with Richard Radnovich, D.O., who prescribed medications for her right shoulder and neck injury. Claimant called the State Board of Nursing in 2008 and was told she could not work as a nurse while taking Norco or Valium. Dr. Radnovich examined and treated Claimant periodically through September 2010.          9. Claimant was out of work from July 2009 to July 2010 while caring for her mother who underwent a leg amputation due to complications from diabetes. In 2010, Claimant had facial shingles.          10. On September 28, 2010, Dr. Radnovich examined Claimant in followup for her right shoulder and neck pain. At that time Claimant had taken or was taking Norco, Cymbalta, Effexor, and Gabapentin for pain; Baclofen, Norflex, and Valium as muscle relaxers; Flector patches for inflammation, Celesta for depression, and Ambien as a sleep aid. Claimant refilled several pain medications just 90 days before January 1, 2011.          11. Claimant suffered arthritis and relapsing polychondritis. Polychondritis is a rare form of arthritis of the cartilage which may cause fevers, rashes, inflammation, joint swelling, and pain and may involve the nose, ears, trachea, elbows, and wrists.          12. By January 2011, Claimant typically worked two 12-hour shifts each weekend at Complex Care. She earned $36.00 per hour, plus a differential of approximately 15% for weekends and nights. Claimant also worked at Kohl's.          13. January 1, 2011 industrial accident and treatment. On January 1, 2011, Claimant was involved at work in a three-person transfer of a patient weighing 357 pounds. The patient resisted; however the lead therapist directed those involved to proceed with the transfer. Claimant gritted her teeth and pulled to help complete the transfer. She felt immediate pain and swelling in her face. A coworker commented that Claimant's face looked red and swollen. Claimant reported her injury immediately and her supervisor sent Claimant to the hospital emergency room where she received medication. She felt stabbing and spasming pain in her facial and front neck muscles, different than any previous TMJ or facial pain she had experienced.          14. On January 2, 2011, Claimant returned to the emergency room reporting facial pain. She was given Percocet and restricted from lifting more than 10 pounds. On January 4, 2011, Claimant returned again to the emergency room and was examined by Paige Cline, PA-C, who assessed low back pain, cervical strain, and facial muscle strain with a history of multiple reconstructive surgeries. Cline prescribed Mobic, Percocet and Valium to use at home, Robaxin to use at work, and physical therapy. She restricted Claimant to lifting 15 pounds. Claimant returned to work with restrictions.          15. On January...