In re Claim of Flores, 121620 COWC, 5-100-090-003

Case DateDecember 16, 2020
CourtColorado
IN THE MATTER OF THE CLAIM OF: HAROLD FLORES, Claimant,
v.
TIMMERMAN & SONS FEEDING COMPANY, Employer,
and
NATIONWIDE AGRIBUSINESS, Insurer, Respondents.
W.C. No. 5-100-090-003
Colorado Workers Compensation
Industrial Claim Appeals Office
December 16, 2020
          HOGGATT LAW OFFICE PC, Attn: CAMERON LUCKE ESQ, (For Claimant)           HALL & EVANS LLC, Attn: DOUGLAS J KOTAREK ESQ, C/O: MARK D TOPPEN ESQ, (For Respondents)          FINAL ORDER          The respondents seek review of an order of Administrative Law Judge Felter (ALJ) dated April 23 2020, that determined the injuries to the claimant’s head, back, hips, as well as his blurred vision and headaches, are causally related to the admitted industrial accident and ordered the respondents to pay the medical benefits for these injuries, and also increased the claimant’s average weekly wage (AWW). We reverse the ALJ’s order regarding the calculation of the claimant’s AWW, and in all other regards affirm.          This matter went to hearing on whether the claimant suffered compensable injuries to his head, hips, and his lumbar spine, and the claimant’s AWW. After the hearing the ALJ made factual findings and legal conclusions that are summarized below.          The claimant started working for the employer as a pen rider on January 21, 2019. On February 7, 2019, the claimant was riding his horse when his horse slipped on a patch of ice that was covered in a thin layer of snow The horse’s legs went out to the right and the horse and the claimant fell down on their left sides. The claimant testified that he did not remember exactly what happened or what parts of his body hit anything, but he awoke to his boss rousing him and calling his name.          The employer filled out a Nebraska Workers’ Compensation Court First Report of Alleged Occupational Injury or Illness. For the part of body affected, the employer wrote “left shoulder left elbow head.” The report is dated on the date of the incident or February 7, 2019. However, the employer testified at hearing that the actual date the report was filled out was later, or on February 12, 2019.          The respondents filed a General Admission of Liability on February 22, 2019, admitting for an AWW of $718.63, and noting, “Claim is accepted for left shoulder and neck.”          On February 8, 2019, the claimant was seen at Banner Health Family medicine Office (Banner Health) by Eli Avery, N.P. (Avery). In his report, Avery noted that the claimant was riding a horse; the horse lost footing on the ice, collapsed, and fell on the claimant, resulting in the claimant experiencing pain in the left shoulder from impact with the ground. The claimant was said to have left shoulder and lateral neck pain, denied any other pain or injury, and denied any impact with his head or loss of consciousness.          The respondents filled out a Colorado Employer’s First Report of Injury. The claimant had nothing to do with filling out this form.          Avery saw the claimant again on February 15, 2019. Avery reported that in addition to the injuries reported and the delay in onset of symptoms, his objective findings were consistent with the work related mechanism of injury, and noted that the claimant’s work related medical diagnoses included left shoulder pain, upper back pain, and headache.          On February 22, 2019, Ramon Perez D.O. at Banner Health saw the claimant. The claimant reported his horse slipping on ice and falling over, and recalled being aroused by his boss and could not recall events for a period after the injury. The claimant complained of significant left shoulder pain, continued neck pain, headaches, mild vision problems, and pelvic pain. He was assessed with neck pain, new onset of headaches, left shoulder pain, pelvic pain, and concussion syndrome. Dr. Perez specifically noted that the claimant’s work related diagnoses were neck sprain, left shoulder sprain, lumbar spasm, and concussion. Dr. Perez again saw the claimant on March 6, 2019. He continued to complain of shoulder pain, continued neck pain, headaches, mild vision problems, and hip pain. He specifically complained of lower back and buttock pain centered over the lateral hips. The claimant was diagnosed with neck pain, concussion syndrome, sprain of neck, sprain of shoulder, and trochanteric bursitis of both hips. He was given injections into his hips.          The claimant then transferred his care from Banner Health to Workwell. The reason the claimant did this was because he claimed Banner Health was not doing anything for him other than giving medications and having him sit around. The claimant thought that Banner Health had focused in on his shoulder to the detriment of his other injuries and that he was not getting better.          On March 18, 2019, Greg Reichhardt, M.D. at Rehabilitation Associates of Colorado saw the claimant. The claimant noted he was injured on February 7, 2019, when his horse slipped on ice. The claimant reported he hit his head on a steel pole fence and was unconscious for a period of time. He specifically said “[t]he horse fell on my left leg when hit the ground landed on left hip, shoulder, and hit my head on steel pipe fence.” He reported the immediate onset of bilateral hip pain, left shoulder pain, head pain, and neck pain. He also reported tinnitus, occasional dizziness, and being told that he forgets things. He reported pain in his low back without radicular symptoms. Dr. Reichhardt’s impression included headaches, neck pain, left shoulder pain, low back pain, bilateral hip pain, and depression. Dr. Reichhardt noted that he would be putting treatment of the hips off until much later because of the claimant’s pending shoulder surgery since the claimant would need to use crutches while recovering for his hips. Dr. Jones ultimately referred the claimant to neurology due to persistent headaches after his injury, and noted the referral urgency as “ASAP.”          On March 29, 2019, Don Downs, PA-C (Downs) at Workwell, saw the claimant. The claimant filled out an injury questionnaire where he circled his head, and put marks to indicate pain on his shoulder, neck, back, and both hips. Downs noted the claimant was having continued neck and headache pain, as well as pain in his low back along the belt line. His neck was the most significant complaint along with his head.          On April 2, 2019, Joshua Snyder, M.D., at the Orthopedic and Spine Center of the Rockies, saw the claimant. While this was an evaluation for left shoulder pain, the claimant continued to mention he hit his head during the incident and complained of severe headaches and ringing in his ears. Dr. Snyder recommended an evaluation with a concussion specialist and recommended Dr. Wicklund at the same practice.          Throughout April, May, and June 2019, the claimant continued to be treated at both Banner Health and Workwell. The claimant noted he continued to have shoulder pain, headaches, and bilateral hip pain. He asked for anything to help with the headache pain because he was not getting any sleep at night and the headaches were significant. While at Banner Health Neurology Clinic on May 2, 2019, Reena Dhakal, NP (Dhakal) assessed the claimant with a post-concussion headache. Given the claimant’s persistent post-concussive symptoms...

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