In re Claim of Estrada-Perez, 032521 COWC, 5-047-415-002

Docket NºW.C. 5-047-415-002
Case DateMarch 25, 2021
PINNACOL ASSURANCE, Insurer, Respondents.
W.C. No. 5-047-415-002
Colorado Workers Compensation
Industrial Claim Appeals Office
March 25, 2021
          BORQUEZ LAW OFFICE, Attn: ROBERT P BORQUEZ ESQ, (For Claimant)           RUEGSEGGER SIMONS & STERN LLC, Attn: LORI R MINSKEL ESQ, (For Respondents)          FINAL ORDER          The claimant seeks review of an order of Administrative Law Judge Lamphere (ALJ) dated October 29, 2020, that denied and dismissed her request for additional medical treatment recommended by the Division-sponsored independent medical examination (DIME) physician. We affirm.          This matter went to hearing on whether the claimant established that she is entitled to an EMG and additional medical treatment recommended, based on that test, by the DIME physician, Brian Shea, D.O. After the hearing, the ALJ made findings and conclusions that are summarized below.          The claimant worked as a cleaning supervisor for the respondent employer, Edison School District 54JT. On January 20, 2017, the claimant sustained an admitted work related injury when she fell. She was referred to Concentra as the designated provider and was initially examined on January 26, 2017, by Physician Assistant Kenneth Ginsburg (Ginsburg) Ginsburg diagnosed the claimant with a lumbar contusion, acute thoracic myofascial strain, and lumbosacral strain. He prescribed pain medication and assigned work restrictions.          The claimant returned to Concentra on January 30, 2017, where she was examined and treated by Dr. Jones. Dr. Jones noted that the claimant reported that most of her pain was localized to her low back radiating up to the upper back. He added additional pain medications and cream to the claimant’s prescriptions and referred her to physical therapy.          According to the claimant’s medical records, she first reported back pain radiating into her left thigh at her medical appointment on February 13, 2017. The claimant confirmed in her testimony that she complained of pain radiating into her left leg at every appointment she had at Concentra. Due to the ongoing pain, the claimant was referred to authorized treating physician, Dr. Blau, for evaluation and treatment. The claimant reported to Dr. Blau that she was experiencing back pain radiating into her left thigh. Dr. Blau referred the claimant for a lumbar spine MRI.          Over the course of her treatment, the claimant continued with physical therapy and chiropractic care. She underwent a lumbar MRI on April 5, 2017, which, according to Dr. Shea, the DIME physician, demonstrated no disc herniation but mild facet hypertrophy at L4-5 and L5-S1 as well as disc narrowing and degenerative disc changes at T10-11. The claimant was administered lumbar facet injections and bilateral sacroiliac joint injections, all without any reported relief of any...

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