AMANDA JAJOO, Plaintiff,
v.
STATE OF NEBRASKA, Defendant.
No. 0058
Doc. 215
Nebraska Workers Compensation
January 28, 2016
Plaintiff: Justin W. High, High & Younes.
Defendant: Lisa D. Martin-Price, Assistant Attorney General.
AWARD
J.
Michael Fitzgerald, Judge
This
matter comes on for trial this 15th day of
September, 2015, in Lincoln, Nebraska.
On
April 21, 2013, plaintiff suffered an injury to her low back
while moving a food cart. Defendant admits that plaintiff
suffered this injury in an accident arising out of and in the
course of her employment with the State of Nebraska,
Department of Corrections.
Plaintiff
was initially examined by Dr. David Durand at (LCN) LinCare
North on the date of the accident. Dr. Durand took plaintiff
off work and ordered an MRI and medication. Dr. Durand
reviewed the MRI and ordered a consultation with a
neurosurgeon (E3, p. 5).
On May
13, 2013, plaintiff was examined by Dr. Eric Pierson at
Neurological and Spinal Surgery (E3, pp. 8-9). Dr. Pierson
examined plaintiff and reviewed the MRI which showed some
spondylosis involving the lumbar spine from L3 to S1.
Plaintiff had a large central and left sided extruded disc at
L5 with extruded fragment going inferiorly to the left
impinging on the L5 nerve root. At L5-S1, there was a
moderately herniated disc displacing the S1 nerve root. The
L3 disc had a mild central protrusion which did not seem to
cause any nerve root impingement. Dr. Pierson's
impression was: Extruded intervertebral disc Lumbar 4-5,
central and left, and Lumbar 5, left. Dr. Pierson recommended
surgery.
On May
17, 2013, Dr. Pierson took plaintiff to surgery for removal
of a very large extruded disc at L4-L5 on the left and a
foraminotomy at L5-S1 to ensure decompression of the S1 nerve
root (E3, pp. 10-12).
On June
18, 2013, Dr. Pierson allowed plaintiff to return to work on
a part time, light duty basis (E3, pp. 13-14).
Plaintiff
continued to have pain down the left leg and some numbness in
the L5 distribution. On October 29, 2013, Dr. Pierson
referred plaintiff to Dr. Robert Rentfro for a physical
medicine rehabilitation evaluation. Plaintiff was advised to
lose weight. Plaintiff continued to work 4 hours a day (E3,
pp. 15-25). Dr. Rentfro treated plaintiff with aquatic
therapy and an injection at L5.
On
January 22, 2014, Dr. Rentfro advised that plaintiff would
have to remain on light duty and transfer from aquatic
physical therapy to land based flexibility and core
stabilization program (E3, pp. 33-37). Plaintiff continued to
treat with Dr. Rentfro who on May 14, 2014 referred plaintiff
to Dr. Fuller at Nebraska Spine Center (E3, pp. 42-43).
Plaintiff was also taken off work on May 14, 2014 (E3, p.
44).
On May
20, 2014, plaintiff was examined by Dr. Fuller at the
Nebraska Spine Center (E3, pp. 46-51). Dr. Fuller recommended
a microlumbar discectomy at L5-S1 on the left because of a
persistent L5-S1 disc herniation.
On June
13, 2014, Dr. Fuller took plaintiff to surgery for an
attempted discectomy at L4-L5 and L5-S1. At L5-S1, no disc
was encountered but there was an osteophyte. At L4-L5, no
recurrent herniation was encountered (E3, pp. 53-55). After
surgery, plaintiff continued under the care of Dr. Fuller who
recommended therapy and working with restrictions.
On
December 9, 2014 (E3, pp. 66-69) plaintiff was examined by
Dr. Fuller who noted that plaintiff had a failed laminectomy
syndrome and he did not have much to offer her, although he
thought she would benefit from a lumbar fusion. "At her
present weight, there is no surgical procedure that comes
into question." She was referred to a physiatrist (Dr.
Ladd).
Plaintiff
was treated by Dr. Jeremiah Ladd with aquatic therapy, a home
exercise program, NSAIDs, and Lyrica, and was told to lose
weight. On February 4, 2015 (E23, pp. 8-13) Dr. Ladd wrote
that plaintiff could return to work full time, no lifting
over 15 pounds, no repetitive bending or lifting, and with
the ability to change positions as needed for comfort.
Defendand would not allow plaintiff to return to work with
these permanent restrictions.
At the
request of the defendant, plaintiff participated in a
functional capacity evaluation (FCE) on February 25, 2015
(E5). The FCE was valid. After the FCE, Neal Wachholtz wrote
that the plaintiff demonstrated consistent effort during the
examination. She displayed finding of limitations and lumbar
mobility and unguarded movement patterns. She also displayed
consistent limitations in weight bearing tolerance, secondary
to subjective complaints of pain. Based on test...
