Ibrahim v. Presbyterian Homes and Servs., 122920 MNWC, WC19-6326

Case DateDecember 29, 2020
CourtMinnesota
ROWDA IBRAHIM, Employee/Appellant,
v.
PRESBYTERIAN HOMES AND SERVS., and BERKLEY RISK ADMRS., Employer-Insurer/ Respondents,
and
NORAN NEUROLOGICAL CLINIC and HEALTHPARTNERS, Intervenors.
No. WC19-6326
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
December 29, 2020
         EVIDENCE – CREDIBILTY. The assessment of witness credibility is the unique function of the compensation judge and the compensation judge’s conclusion that the employee was not reliable or credible upon consideration of video surveillance footage and contemporaneous medical records is upheld.          EVIDENCE – EXPERT MEDICAL OPINION. The compensation judge’s reliance on medical expert opinions that were well-founded and consistent with the employee’s medical record is upheld.           Determined by: Deborah K. Sundquist, Judge, Patricia J. Milun, Chief Judge, David A. Stofferahn, Judge.           Compensation Judge: Kristen M. Tate           Pro se, Brooklyn Park, Minnesota, for the Appellant.           Mark A. Kleinschmidt, Cousineau, Waldhauser & Kieselbach, P.A., Mendota Heights, Minnesota, for the Respondents.          Affirmed.          OPINION           DEBORAH K. SUNDQUIST, Judge.          The pro se employee appeals the compensation judge’s finding denying her claim for benefits. Substantial evidence supports the judge’s findings and we affirm.          BACKGROUND          Rowda Ibrahim, the pro se employee,[1] worked as a dietary aide for Presbyterian Homes, the employer, beginning in March 2017. On June 13, 2017, the employee fell at work, landing on her knees and hand and hitting her forehead on the floor. Two days later, she sought care at Healthworks and was diagnosed with contusions of her forehead, left hand, and bilateral knees. She denied memory issues or headache. The next day, she returned to Healthworks with complaints of head pain, headache, occasional blurry vision on her left eye, and left knee pain. The employee’s symptoms continued to improve, and it was anticipated that she would reach maximum medical improvement (MMI) by June 29, 2017. However, on June 29, 2017, she returned complaining of pain on the left forehead, posterior neck, and left knee. She also complained of dizziness and balance issues. Due to the headache pain, the employee was referred to a neurologist and underwent a brain CT scan on June 29, 2017, the results of which were normal.          The employee saw neurologist Chris Evans, M.D., at the Noran Neurological Clinic beginning in July 2017. Initially, his assessment was neck pain, neuritis supra-orbital, and cervicogenic headaches. Over the next four months, the assessment expanded to include blurred vision, dizziness, and cognitive changes. By February 2018, the employee’s complaints continued and expanded again to include abdominal pain and urinary problems, which she indicated began at the time of injury. She also complained of left knee and thigh pain. On examination in July 2018, Dr. Evans noted a normal cervical range of motion with spasm. He ordered an MRI of the neck in September 2018. The radiologist reported disc degeneration with left paracentral disc protrusion without nerve impingement. (Ex. E, Oct. 2, 2018). Dr. Evans diagnosed the employee with a herniated disc at C6-7 with no nerve impingement and no radiculopathy. As the employee’s symptoms were ongoing, Dr. Evans concluded that her injury was...

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