Lundy v. Owensboro Health Regional Hospital, 061419 KYWC, 201698536
| Case Date | June 14, 2019 |
| Court | Kentucky |
Q: Between December 2006 and January 2016, you worked as an RN in surgery?
A: Yes.
Q: Then you fell at work in January 2016. You were off work for a period of time with treatment, correct?
A: Yes.
Q: Then you went back for a period of time and tried to do your job?
A: Yes.
Q: What period of time did you last work in Owensboro Health Regional Hospital?
A: One day.
Q: And that was in July of 2016?
A: No.
Q: When was it?
A: April.
Q: Why did you put your employment ended July 2016? Is that when you got notice that your employment ended?
A: Yes.
Q: Because you had restrictions that the hospital couldn’t accommodate in that position or did you just resign?
A: No, I didn’t. No.
Q: What happened?
A: I was terminated and I’m not exactly sure why.
Q: Could you do your job in RN surgery after January 2016?
A: No.
…
Q: Are there jobs at the hospital that you think you could currently perform that you know about?
A: Yes.
Q: Give me an example.
A: Surgery scheduling. Medical records. Surgical auditing or auditing in general.
Q: So basically, as you understand it and your experience, there’s a variety of jobs in the medical facility like a hospital that requires someone like you with medical knowledge and medical background, but doesn’t require the physical duties of a full-blown nurse. Is that your understanding?
A: Yes.Lundy also testified at the November 28, 2018, hearing. She was released without restrictions by Dr. Philip Hurley in March 2017, and she has held two jobs since then. She explained why she is no longer able to work as a surgical nurse:
Q: What are the – would you be able to go back to being a surgical nurse?
A: No, I don’t think I could do it.
Q: Why? What problems are you having with your knee?
A: You have the 12-hour shifts. You have bending, stopping. Sometimes you’ve got to crawl on the floor, get under the drapes, get down on your knees. A lot of the instruments are in cases from 30 to 50 pounds. And that type of work just causes pain and swelling in my knee.Lundy filed the October 18, 2016, letter of Dr. Hurley. Dr. Hurley noted that, on March 21, 2016, Lundy underwent partial medial and lateral meniscectomies along with abrasion chondroplasty. The letter indicates that, on May 9, 2016, x-rays showed “a drastic difference in joint spacing and osteophyte formation.” Dr. Hurley and Lundy decided to proceed with a total knee replacement. The letter continues as follows:
On May 10, 2016 worker’s compensation was again informed of the intent to perform surgery. This was denied on May 18, 2016 due to lack of relatedness to the claim. The reviewing provider explained that the abrasion arthroscopy caused the drastic deficit in joint spacing that was noted earlier. I think the majority of the decrease was due to the progression of the pre-existing dormant arthritis being brought into debilitating reality by the injury on January 12, 2016. (emphasis added).
At this point, she should reach maximal medical improvement around July of 2017. This will place her one year past her operation which is the typical full return for a total knee replacement. She will most definitely have some impairment related to the events that have occurred in the last year.Several medical records of Dr. Hurley’s were filed by Owensboro Hospital. Among the most relevant are the following:
• A record dated January 28, 2016, indicates Lundy was being seen for right knee and left elbow pain and was diagnosed with posttraumatic arthralgia of right knee and posttraumatic left cubital tunnel syndrome.
• Lundy had an MRI of her right knee on February 3, 2016.
• A record dated February 4, 2016, notes the right knee MRI shows tears in both the medial and lateral meniscus and partial and full-thickness articular cartilage loss in all three compartments.
• A record dated February 18, 2016, notes that Dr. Hurley feels arthroscopic surgery is necessary, workers’ compensation has denied the surgery because of a lack of physical therapy, but Dr. Hurley is unaware of any studies documenting improvement of a torn meniscus with physical therapy. Dr. Hurley further states he is willing to do a “peer-to-peer” in order to get this resolved.
• A record dated March 21, 2016, indicates Lundy underwent an arthroscopic partial medial meniscectomy with abrasion chondroplasty and removal of chondral loose bodies.
• A record dated May 9, 2016, indicates Dr. Hurley’s opinion that the only reasonable form of treatment for Lundy is a total knee replacement, and he restricted her to sedentary work.Dr. Hurley was deposed on April 6, 2017. He testified Lundy first treated with his nurse practitioner for right knee pain on May 11, 2007. At that time, Lundy’s right knee had been hurting for some time. Lundy did not return for another appointment until April 31, 2008, because her pain had increased. Dr. Hurley ordered an MRI and saw Lundy again on May 14, 2008, to review the results.
Q: And what did it disclose to you?
A: It did show an inferior surface tear of the posterior horn of the lateral meniscus. The reason that is significant is that, at her age and activity level, an inferior surface tear is actually a fairly common finding so it would not necessarily be considered abnormal or pathological. An inferior surface tear is another way of saying it’s not a complete or through and through tear of the meniscus. That led us to believe at that point that her pain was coming mainly from the arthritis because the MRI did show some arthritis in the same side and area of the knee as the meniscus.Dr. Hurley injected Lundy’s right knee with cortisone. ...
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