IN THE MATTER OF THE CLAIM OF: MARCUS (MARK) NIELSEN, Claimant,
v.
TRI STATE GENERATION AND TRANSMISSION, Self-Insured Employer, Respondent.
W.C. No. 5-103-366-001
Colorado Workers Compensation
Industrial Claim Appeals Office
April 1, 2020
WITHERS SEIDMAN RICE MUELLER GOODBODY PC, Attn: SEAN P
GOODBODY ESQ, (For Claimant)
LAW
OFFICE OF STEVEN J PICARDI PC, Attn: STEVEN J PICARDI ESQ,
(For Respondents)
FINAL
ORDER
The
claimant seeks review of an order of Administrative Law Judge
Sidanycz (ALJ) dated November 14, 2019, that denied and
dismissed his claim for workers’ compensation benefits.
We affirm.
This
matter went to hearing on whether the claimant demonstrated
he sustained a work-related injury on March 22 2019. After
the hearing, the ALJ entered her order, making the following
pertinent factual findings that are summarized below.
The
employer operates a coal fired electric plant. The claimant
has worked for the employer for more than 28 years. The
claimant’s primary position is that of a mechanic and
welder in the operations department, and his job duties
include maintaining equipment at the power plant.
The
claimant testified that at approximately noon on March 21,
2019, he informed his mechanic supervisor, Dwayne Zimmerman
(Zimmerman), that moving the plywood had hurt him and he
asked to no longer work on his knees. Nevertheless the
claimant returned to his job duties and worked the remainder
of his shift.
The
claimant returned to work on March 22, 2019, and worked until
approximately 5:30 p.m. He testified that he worked slower on
that date and it was a struggle to perform his job duties. He
explained that over the course of his shifts on March 21 and
22, 2019, he spent approximately 12 hours working on his
knees.
At
approximately 5:30 p.m. on March 22, 2019, the claimant
informed Zimmerman that he needed to leave. He explained that
he was in so much pain that he was unable to fully change out
of his work clothes and needed assistance to walk. The
claimant called his wife to pick him up from work, and he
eventually was taken to the emergency department at The
Memorial Hospital at Craig. The March 22, 2019, emergency
department medical record indicates that the claimant
reported pain in his right buttock that radiated into his
bilateral thighs, and that the onset of his symptoms had been
gradual over the prior two hours. Dr. Huyn noted the MRI of
the claimant’s spine from September 22, 2014, showed
diffuse degenerative changes without spinal compression. Dr.
Huyn opined that the claimant had a possible musculoskeletal
strain and diagnosed right sided sciatica. He prescribed
medications.
The
claimant subsequently sought treatment from his primary care
physician, Dr. Hamilton. At his appointment, the claimant was
using crutches to ambulate. The claimant reported that his
symptoms developed gradually after working on his knees for
several hours. He described pain in his hips and low back.
Dr. Hamilton prescribed medications and referred the claimant
to a specialist and physical therapy.
Thereafter,
on March 28, 2019, the claimant was seen at UC Health at the
direction of the employer. The claimant saw nurse
practitioner, Greg Holm (NP Holm), and reported that he
worked for 10 hours on March 22, 2019, and experienced
“gradually worsening burning pain in his lower back
into his buttocks and hips.” NP Holm noted that the
recent MRI of the claimant’s lumbar spine was normal.
He also noted some concern regarding the possible diagnosis
of piriformis syndrome and referred the claimant to Dr.
Tracy.
The
claimant saw Dr. Tracy on April 1, 2019, and described severe
hip, low back, and leg pain after working on his knees for 12
to 14 hours. The claimant reported his pain as 10 out of 10.
Dr. Tracy noted the claimant’s x-rays and MRI results
were normal. Dr. Tracy recommended a CT angiogram of the
claimant’s abdomen and pelvis.
The
claimant returned to Dr. Hamilton and reported continuing
symptoms, including numbness into his entire foot from his
right buttock region. In his report, Dr. Hamilton noted that
the MRI did not identify the claimant’s pain generator.
He also noted that the claimant reported right leg numbness
when he palpated the claimant’s left lower lumbar
region. However, Dr. Hamilton noted that such a reaction
“was not possible.”
On
April 2, 2019, the claimant returned to NP Holm and reported
some improvement in his symptoms. However, he also reported
muscle twitching in the right proximal anterior thigh, which
NP Holm noted was a new symptom. NP Holm agreed with the
recommendation that the claimant undergo a CT angiogram. NP
Holm opined that the claimant’s symptoms may not be
work-related.[1]
The CT
angiogram of the claimant’s abdomen, pelvis, and
bilateral lower extremities was normal.
At the
recommendation of Dr. Hamilton, the claimant began physical
therapy on April 22, 2019. The claimant reported to John
Pearson, PT, that his symptoms were “[m]uch better with
prescription of medicine for anxiety, and spasms.”
Dr.
Hamilton subsequently opined that there could be an anxiety
component to the claimant’s symptoms. In his medical
report dated May 2, 2019, Dr. Hamilton noted the claimant
seemed better. On May 22, 2019, the claimant returned to Dr.
Hamilton and reported he was doing much better and had
completed physical therapy. Dr. Hamilton released the
claimant to return to full duty on this date.
The
claimant returned to NP Holm on May 24, 2019, and reported
that he believed he was injured from moving plywood sheets.
However, NP Holm noted that the mechanism of injury reported
at their first appointment related to a long period of
working on his knees...