IN THE MATTER OF THE CLAIM OF: JUAN RODRIGUEZ, Claimant,
v.
KRAEMER NORTH AMERICA, Employer,
and
LIBERTY MUTUAL FIRE INSURANCE COMPANY, Insurer, Respondents.
W.C. No. 5-038-085-02
Colorado Workers Compensation
Industrial Claim Appeals Office
November 15, 2018
RITSEMA & LYON PC, Attn: NANCY C HUMMEL ESQ, (For
Respondents)
FINAL ORDER
The
pro se claimant
[1] seeks review of a portion of the
order of Administrative Law Judge Lamphere (ALJ) dated August
3, 2018, that determined that the claimant failed to overcome
the division sponsored independent medical examination (DIME)
regarding maximum medical improvement (MMI); that the
respondents successfully challenged the DIME as to the rating
of permanent physical impairment thus rendering a zero
percent impairment; and that denied additional medical
treatment. We affirm.
The ALJ
found that on September 30, 2016, Claimant sustained a
contusion to the dorsal aspect (back) of his hand when a
metal rake struck him as he was shoveling concrete. The
claimant was evaluated by Dr. Castrejon on October 4, 2016,
who found swelling over the dorsum of the hand but no
redness. X-rays were normal. No treatment was provided. Dr.
Castrejon released the claimant at MMI without restrictions,
no permanent impairment, and no maintenance treatment. He
would subsequently rescind his MMI determination on May 4,
2017.
Respondents
filed a final admission of liability (FAL) on February 14,
2017, consistent with Dr. Castrejon's opinions. Claimant
objected to the FAL and requested a DIME. While the DIME was
pending, the claimant returned to Dr. Castrejon on May 4,
2017, complaining of persistent pain and swelling in his
right hand. Dr. Castrejon documented continued swelling of
the dorsum of the hand. Wrist flexion and extension were
limited by pain and grip strength was decreased. Dr.
Castrejon opined that the claimant was not at MMI. Claimant
was restricted to no use of the right hand and an MRI was
ordered. The claimant was referred to Dr. Cassidy for an
orthopedic evaluation.
Dr.
Cassidy evaluated the claimant on May 31, 2017.
Claimant's symptoms raised suspicion of carpal tunnel
syndrome (CTS) and an EMG was recommended. Dr. Cassidy noted
that the hand had excellent muscle bulk and tone and a lack
of any atrophy, suggesting that the claimant was able to use
his hand normally. Dr. Cassidy indicated that any nerve
compression in the wrist was likely unrelated to the work
incident, given that the median nerve is located on the volar
aspect (palm side) of the hand/wrist and would have been
protected from a blow to the dorsal surface of the hand.
Dr.
Castrejon performed the EMG on June 26, 2017, that was
consistent with moderate to severe bilateral carpal tunnel
syndrome. Claimant was referred back to Dr. Cassidy. After
further review, Dr. Cassidy opined, "I couldn't
necessarily fault his work-related injury for this solely
because he does have evidence of carpal tunnel syndrome on
the contralateral side."
The
DIME evaluation took place on September 28, 2017 with Dr.
Greenslade. Dr. Greenslade reached the following conclusions:
• Bilateral CTS, worse on the right than the left
symptomatically. This is NOT related to his work
comp injury of September 3, 2016.
• Contusion/dorsum of his right hand, work-related and
resolved.
• Primary osteoarthritis of the first carpal-metacarpal
joint of his thumb, NOT work-related.
• Primary
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