IN THE MATTER OF THE CLAIM OF: FRANCES MADRID, Claimant,
v.
FAMILY DOLLAR STORES OF COLORADO INC, Employer,
and
SAFETY NATIONAL CASUALTY CORPORATION, Insurer, Respondents.
W.C. No. 5-101-519
Colorado Workers Compensation
Industrial Claim Appeals Office
June 26, 2020
THE
FRICKEY LAW FIRM, Attn: ERIN B MONTGOMERY ESQ, (For Claimant)
HALL
& EVANS LLC, Attn: MEGAN E COULTER ESQ, C/O: EMILY S
MCGILVERY ESQ, (For Respondents)
FINAL
ORDER
The
respondents seek review of an order of Administrative Law
Judge Spencer (ALJ) dated February 24, 2020, that determined
the claimant sustained a compensable occupational injury on
January 24, 2019. The ALJ also awarded certain medical,
temporary total disability (TTD), and temporary partial
disability (TPD) benefits. We affirm.
ALJ
Spencer conducted an evidentiary hearing on December 5, 2019
on the issues of compensability and indemnity and medical
benefits under the umbrella of compensability.
The
claimant worked as an assistant manager at the Family Dollar
store in Rocky Ford. On January 24, 2019, claimant was
stocking an item on a high shelf using a rolling ladder. As
she was coming down the ladder, she accidentally stepped on a
case of coffee that had been left on the floor at the base of
the ladder. She tried to maneuver her foot around the case
but her ankle gave out, causing her to fall onto her right
side and buttocks. She instinctively put her right arm out to
brace her fall. When she rolled over to get up, she struck
her right knee on the floor. Thereafter her knee and ankle
hurt, but she felt no pain in her right shoulder or neck
immediately after the fall.
The
claimant reported the injury to her manager and to the
district manager. She was instructed to also report the
injury on the employer’s 1-800 number After continuing
to work over the next few days, the claimant forced the issue
with her manager and was provided with a referral to Rocky
Ford Health Center.
Claimant
had been seen by Dr. Sells, a chiropractor, twice before this
accident for right upper back and neck pain. On January 5,
2019, the chiropractor documented that the claimant had
reported “dull pain: 8/10” on an
“intermittent to frequent” basis, aggravated by
lifting and decreased with NSAIDs and massage. It was also
noted, “Patient reports (R) sided neck and upper back
pain for 3 weeks due to heavy lifting. Patient reports using
massage and NSAIDs for palliative relief, and reports lifting
increases pain.” There was no indication of muscle
spasm. Cervical range of motion was “normal” in
all planes. Claimant responded “well” to
chiropractic manipulation.
The
claimant was seen again by Dr. Sells on January 18, 2019. Her
pain had decreased to 6/10. Her physical exam and the
doctor’s report were essentially identical to that from
the January 5 exam.
The
next chiropractic appointment was January 25, the day after
the accident. Claimant informed Dr. Sells about the fall from
the ladder the previous night. The remainder of the
doctor’s report is essentially identical to the January
18 report.
On
January 29, 2019, the claimant first saw the designated WC
facility, Rocky Ford Family Health where she saw NP-C Heather
Elliott. This facility has served as the primary authorized
treating physician since that time. Claimant was no longer
having any ankle pain, but reported pain in her right knee,
neck, and right shoulder. Physical exam showed tenderness and
muscle spasm in the right trapezius, and reduced cervical
range of motion because of pain and guarding. Nurse Elliott
diagnosed neck and trapezius strains with muscle spasms, and
a right knee contusion. She prescribed muscle relaxers and
recommended NSAIDs, ice, and stretching. She assigned work
restriction of no lifting over 15 pounds, no repetitive
lifting over 5 pounds, limited use of the right arm “to
comfort” and 10-minute rest breaks every hour.
Claimant
did not mention the pre-injury neck pain or chiropractic
treatment to Nurse Elliott. She testified that the neck pain
before the accident was primarily “soreness” and
was “a lot different” than what she experienced
after the accident, so she did not think it was pertinent.
The
claimant continued to work which she informed Nurse Elliott
caused “excessive swelling on neck area that tends to
get worse with activity. Although ice and heat reduced the
swelling, going back to work makes it come back. The claimant
acknowledged that she couldn’t always follow the work
restrictions in her job. On February 12, Nurse Elliott put
the claimant in a sling and completely restricted any work
with the right arm. Physical therapy (PT) was instituted.
On
February 19, Nurse Elliott noted “excessive
swelling” around her right shoulder and neck. The nurse
restricted the claimant to working only 4 hours per day. By
February 28, the claimant’s symptoms were no better and
included popping in her neck with range of motion.
At the
first PT appointment on March 6, the therapist documented
“swelling along bilateral upper traps (base of neck)
and reduced strength with right shoulder flexion and
abduction.” On March 8, the therapist noted,
“Patient is noticeably swollen and bilat shoulders,
R>L.” The March 11 report showed, “Swelling
has increased over the course of several days. Pt’s job
duties exacerbate muscle damage. Active inflammation is
evident with swelling.” The last note from March 30
documented, “hydrotherapy is exacerbating her cervical
and bilateral shoulder swelling symptoms. Her pain remains
for the rest of the day following treatment sessions and
continues to be exacerbated by work duties.”
Claimant
followed up with Nurse Elliott on March 21 and explained that
PT was...
