THOMAS C. LARSON, Employee/Petitioner,
v.
BRYAN ROCK PRODS. and HOME INS. CO./RISK ENTERPRISE MGMT., Employer-Insurer.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
May 5, 1999
HEADNOTES
VACATION
OF AWARD - SUBSTANTIAL CHANGE IN CONDITION. Because
there had not yet been a change in the employee's ability
to work, additional surgery, or additional permanent partial
disability, there had not yet been a substantial change in
condition sufficient to justify vacating the award on
stipulation.
Petition
to vacate award denied.
Determined by Wilson, J., Wheeler, C.J., and Hefte, J.
OPINION
DEBRA
A. WILSON, Judge
The
employee petitions to vacate an award on stipulation filed in
1988, based on a substantial change in his medical
condition. Finding an insufficient basis to vacate the
award on stipulation at this time, we deny the petition.
BACKGROUND
The
employee sustained a work-related injury to his low back on
May 10, 1983, while working for the employer as a heavy
equipment operator. He was eventually diagnosed as
suffering from marked degeneration of the L5-S1 disc, with
calcification and bilateral lateral stenosis associated with
spondylolysis and spondylolisthesis. The employer and
insurer paid the employee various workers' compensation
benefits, including benefits for a 17.5% permanent partial
disability to close out permanency to the extent of 20% of
the back.
The
employee underwent spinal fusion surgery, at L5-S1, in
September of 1986. On May 11, 1987, his treating doctor,
Dr. Thomas V. Rieser, noted that the employee was doing quite
well but should be restricted from lifting more than thirty
pounds on a repetitive basis, carrying more than thirty
pounds on a repetitive basis, sitting more than six hours,
standing more than four hours per day, and walking more than
four hours per day, with only occasional bending and
squatting. He also opined that the employee could not
return to the work he was doing before the injury. The
employee apparently returned to work on November 8,
1987.1
On
March 31, 1988, the employee filed a claim petition, seeking
benefits for an additional 10% permanency of the...
