IN THE MATTER OF THE CLAIM OF: LAURA ESTRADA-PEREZ, Claimant,
v.
EDISON SCHOOL DISTRICT 54JT, Employer,
and
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...
