McConnell v. Autozone, 101617 IDWC, IC 2012-013368

• Case Date: October 16, 2017
• Court: Idaho

STEVEN MCCONNELL, Claimant, v. AUTOZONE, Employer, and NEW HAMPSHIRE INSURANCE COMPANY, Surety, Defendants. No. IC 2012-013368 Idaho Workers Compensation Before the Industrial Commission of the State of Idaho October 16, 2017           BRYAN S STORER/ MATTHEW K STEEN           W. SCOTT WIGLE           FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER          INTRODUCTION          Pursuant to Idaho Code § 72-506, the Idaho Industrial Commission assigned the above-entitled matter to Referee Alan Taylor, who conducted a hearing in Boise on April 14, 2017. Claimant, Steven McConnell, was present in person and represented by Bryan S. Storer, of Boise. Defendant Employer, AutoZone, and Defendant Surety, New Hampshire Insurance Company, were represented by W. Scott Wigle, of Boise. The parties presented oral and documentary evidence. Post-hearing depositions were taken and briefs were later submitted.^[1] The matter came under advisement on August 21, 2017. The undersigned Commissioners have chosen not to adopt the Referee’s recommendation and hereby issue their own findings of fact, conclusions of law, and order.          ISSUES          The issues to be decided are:

1. Whether the condition for which Claimant seeks benefits was caused by the industrial accident.

2. Whether Claimant is entitled to additional medical care, specifically surgery by Dr. Andrew.

         All other issues are reserved. ^[2]          CONTENTIONS OF THE PARTIES          Claimant asserted an injury at work on May 20, 2012, for which he eventually underwent sacroiliac fusion surgery. He alleges the need for surgery is related to his industrial accident. Defendants accepted Claimant’s 2012 industrial accident and provided conservative medical care. However, they contend Claimant’s sacral surgery is not related to his industrial accident.          EVIDENCE CONSIDERED          The record in this matter consists of the following:

1. The Industrial Commission legal file;

2. Claimant’s Exhibits 1 through 20 and Defendants’ Exhibits 1 through 11, admitted at the hearing.

3. The testimony of Claimant and his wife, Janice McConnell, taken at hearing.

4. Post-hearing deposition testimony of Thomas Faciszewski, M.D., taken by Claimant on June 1, 2017.

5. Post-hearing deposition testimony of Daniel Marsh, M.D., taken by Claimant on June 1, 2017.

         All pending objections are overruled and motions to strike are denied.          FINDINGS OF FACT          1. Claimant was born in 1955. He is right-handed. He was 62 years old and lived in the Nampa area at the time of the hearing. AutoZone is an employer selling auto parts from multiple commercial locations.          2. Background. Claimant graduated from high school and worked at Mountain Bell for 29 years as a DSL and loop technician, installing and repairing internet links. He routinely climbed poles to complete installations. Claimant retired from Mountain Bell and worked briefly at Micron as an inspector and packager.          3. In 2007, Claimant began working part-time at AutoZone. He had no prior pelvic or sacroiliac pain. Claimant also completed a two-year small engine repair program, graduating in 2010. That same year Claimant started a small engine repair business out of his home. He repaired chain saws, blowers, and various other small engines. Over time he hired others to help in his business because of the growing workload.          4. By 2012, Claimant was a parts sales manager at AutoZone. His duties included regular lifting. He had no sacroiliac symptoms and never missed work due to any back injury.          5. Claimant saw Michael Chenore, M.D., for a routine physical on May 14, 2012. Dr. Chenore noted resolved rare left-side sciatica. There is no other mention of any back-related symptoms in Claimant’s pre-injury medical records.          6. Industrial accident and treatment. On May 20, 2012, Claimant was working at AutoZone when he attempted to stop a crankshaft weighing in excess of 300 pounds from rolling off of a cart. His low back audibly “popped” and he noted immediate pain two inches below his beltline as well as pain and numbness into his toes. AutoZone did not contest the occurrence of the accident.          7. Claimant received medical treatment from Timothy Doerr, M.D., who ordered a lumbar MRI and physical therapy. The lumbar MRI was read as negative. A thoracic MRI was also unrevealing. Claimant took Norco as prescribed by Dr. Doerr, but noted increasing sacroiliac pain. Claimant’s low back pain worsened and he saw a series of doctors at Defendants’ direction, including neurosurgeon Peter Reedy, M.D., and neurologist James Redshaw, M.D., however none identified Claimant’s source of continuing pain. Later, Claimant saw Paul Montalbano, M.D., who ordered another MRI, which was unrevealing. Claimant was eventually referred to Daniel Marsh, M.D., a pain specialist, for sacroiliac examination.          8. On January 7, 2013, Dr. Marsh examined Claimant and identified likely sacroiliac injury. Claimant reported that his examination by Dr. Marsh was different than any prior exam. Dr. Marsh recommended Percocet and also prescribed Opana, a morphine derivative. Claimant’s pain was then 6 out of 10. Percocet provided more relief than Norco. Claimant’s personal health insurance paid for Dr...