IN THE MATTER OF THE CLAIM OF: STEPHANIE JACOBS, Claimant,
v.
THE GEO GROUP, Employer,
and
NEW HAMPSHIRE INSURANCE COMPANY, Insurer, Respondents.
W.C. No. 5-094-248-001
Colorado Workers Compensation
Industrial Claim Appeals Office
November 22, 2019
MCDIVITT LAW FIRM PC, Attn: AARON S KENNEDY ESQ, (For
Claimant)
POLLART MILLER LLC, Attn: ERIC J POLLART ESQ, (For
Respondents)
FINAL ORDER
The
respondents seek review of an order of Administrative Law
Judge Edie (ALJ) dated July 11, 2019, that ordered the
claimant’s low back injury compensable, awarded
temporary disability benefits and found the respondents
liable for emergency and follow up medical treatment the
claimant received in November and December, 2018. We affirm
the decision of the ALJ.
The
claimant became employed by the respondent employer in
November, 2018. The claimant was hired to provide youth
counseling services at the Southern Peaks Regional Treatment
Center in Canon City. On November 29, 2018, the claimant was
involved in the third day of orientation training. That
morning the training class engaged in safe takedown and
restraint maneuvers that could become necessary in a physical
intervention with a client. During the noon lunch break the
claimant noticed her legs became somewhat wobbly. The
training class then participated in a two hour presentation
while seated. When a break was scheduled, the claimant found
she was unable to stand or to bear any weight on her legs.
With assistance she stood but then immediately fell and
struck her head on a wall.
An
ambulance transported the claimant to the St. Thomas More
Hospital emergency room. The claimant gave the emergency room
staff an account of the cause of her distress that included a
description of the take down techniques performed in the
training class that morning. An MRI of her low back taken
during the emergency room visit revealed a “central
disc herniation which appears acute. This is severe.”
In addition to this L3-4 herniation, the MRI also documented
a right sided likely chronic disc herniation at L1-2. A need
for back surgery was anticipated. The claimant was
administered steroids and muscle relaxants. That evening the
claimant was evaluated by a neurosurgeon. He noted the
claimant complained of primarily leg weakness. The weakness
was slowly dissipating and the claimant was released the next
day able to walk under her own power. The claimant was
prescribed physical therapy, pain management and, if
necessary, surgical evaluation. The claimant followed up at
Button Family Medicine on December 3 and 10. The claimant
continued to complain of back pain. Physical therapy and a
repeat MRI were recommended. The claimant was advised to
observe physical restrictions of lifting no more than 10
pounds and no twisting or bending at the waist. The claim was
denied by the respondents which prevented the claimant from
receiving any further treatment. The employer required the
claimant provide a full duty return to work release before
she could be reemployed.
The
respondents had the claimant evaluated by Dr. Burris. The
doctor concluded the claimant’s back injury was not
work related. He noted the claimant’s progression of
symptoms was not characteristic of an acute spine herniation.
Dr. Burris felt the training activities of November 29 did
not indicate movements capable of causing the herniated disc.
The claimant’s absence of back pain, as opposed to leg
malfunction, was also said to be inconsistent with an acute
injury. He observed the leg weakness resolved within a period
of hours following its onset. The doctor testified in a
deposition that while the claimant’s activities on
November 29 could potentially cause the disc injury, he
believed it more likely the claimant suffered from
meralgia paresthetica, which is a non-occupational
condition. Dr. Burris did not see any medical record showing
a back injury or treatment...
