IN THE MATTER OF THE CLAIM OF: CHANCE TYBURSKI, Claimant,
v.
RUBY TUESDAY, Employer,
and
CANON COCHRAN MANAGEMENT SERVICE INC, Insurer, Respondents.
W.C. No. 5-047-293-01
Colorado Workers Compensation
Industrial Claim Appeals Office
November 14, 2018
MCCOLLUM CROWLEY MOSCHET MILLER & LAAK LTD, Attn:
KIMBERLY A ALLEGRETTIESQ, (For Respondents)
FINAL ORDER
The
pro se claimant[1] seeks review of an order of
Administrative Law Judge Cayce (ALJ) dated April 27, 2018,
that determined the claimant suffered a compensable injury on
April 29, 2017, but that such injury was limited to a facial
contusion and abrasion. Respondents were ordered to pay for
medical treatment for the facial injuries. The ALJ also
determined that the claimant did not establish the
compensability of other medical conditions including, but not
limited to, headaches, visual changes/disturbances, cognitive
issues, and neck and shoulder pain. The ALJ denied the
claimant's claim for medical treatment for the excluded
medical conditions and denied temporary disability benefits.
We affirm.
The
claimant worked as a part-time server for the
respondent-employer and also maintained a concurrent
full-time position at ISI as an order processing coordinator.
On April 29, 2017, she sustained a contusion and abrasion to
her face while performing her work duties for Ruby Tuesday.
She was injured while reaching for an empty ice bucket that
was within arm's length, located just above the
claimant's head on a shelf above the ice maker. The
bucket fell and hit her between the bridge of the nose and
the right eye. The plastic bucket weighed approximately 1 %
pounds. She did not lose consciousness nor did she fall to
the ground after the bucket struck her. Upon checking herself
in the restroom mirror, she noticed an abrasion that was
bleeding. In addition, she felt swelling in her cheek and
jaw. A band-aid was placed on the abrasion. The claimant
finished out her work shift and was not sent for medical
attention.
On May
1, 2017, the claimant went to her second job at ISI. She
reported difficulty typing and requested to leave work due to
pain. The claimant obtained medical evaluation from the
University of Colorado Health emergency department (ED). The
claimant was evaluated and determined that she did not meet
the criteria for head or neck imaging. The evaluating
physician indicated that "I do not think this is an
acute ICH (intracerebral hemorrhage)." The claimant was
referred to her primary care physician but the ED physician
stated that she was not to work until cleared by neurology or
her concussive symptoms otherwise resolve.
On May
4, the claimant sought treatment with Dr. Kesten. Dr. Kesten
diagnosed mild cognitive impairment, mild traumatic brain
injury, posttraumatic headache, post-concussive syndrome,
contusion of the nose, right orbit, and head, and worsening
premorbid dizziness. In a subsequent appointment on May 9,
Dr. Kesten added three diagnoses: cervicothoracic pain,
cervicothoracic sprain/strain, and cervicothoracic myofascial
pain syndrome. Dr. Kesten restricted the claimant from any
work for the respondent employer and limited her work for the
concurrent employer to half-time.
On May
12, the claimant was again examined at UC Health. She was
diagnosed with post-concussion headache, post-concussion
syndrome, and neck pain, and referred for massage therapy.
As the
medical course of treatment developed, it became known that
the claimant had a history of pre-existing medical conditions
dating back to 2013 for which she received physical therapy
and medications. These conditions included migraines, memory
loss, bilateral hand paresthesia and pain, vertigo and
dizziness, syncopal episodes, vision difficulties and
changes, and shoulder and neck pain. Further, on September
20, 2015, Claimant sustained a concussion after being hit
with a cane and punched in the head repeatedly. Claimant
thereafter reported experiencing a "whoosh"
sensation, a "wave of weirdness," tinnitus, and
being off balance.
From
July 12 to September 29, 2017, the claimant continued to
treat with Dr. Kesten. She was continued on medications,
massage therapy, and trigger point injections. The doctor
continued to recommend speech language/cognitive
rehabilitation. He continued to restrict the claimant's
ability to work to half-time only with the...
