McKeen v. Healthsouth Corp., 071119 MEWC, 19-23

Case DateJuly 11, 2019
CourtMaine
DIANE McKEEN (Appellee)
v.
HEALTHSOUTH CORPORATION (Appellant)
and
ARCH INSURANCE COMPANY (Insurer)
Decision No. 19-23
No. A.D. 18-0042
Maine Workers Compensation Decisions
State of Maine Workers’ Compensation Board
July 11, 2019
          Argued: April 10, 2019           Attorney for Appellant: Robert W. Bower, Jr., Esq. NORMAN, HANSON & DeTROY           Attorneys for Appellee: Benjamin I. Grant, Esq. KAPLAN & GRANT           PANEL MEMBERS: Administrative Law Judges Goodnough, Elwin, and Jerome           Goodnough, Administrative Law Judge.          [¶1] HealthSouth Corporation appeals from a decision of a Workers’ Compensation Board Administrative Law Judge (Stovall, ALJ) granting Diane McKeen’s Petitions for Award and for Payment of Medical and Related Services. HealthSouth contends that the ALJ’s finding that Ms. McKeen’s heart attack resulted from work-related stress is not supported by competent evidence. We affirm the decision.          I. BACKGROUND          [¶2] Diane McKeen, a licensed practical nurse, began working for HealthSouth in 2004. In 2014, she was employed on a per diem basis, working three to four days per week at the New England Rehabilitation Hospital. Her duties included caring for the needs of a designated group of residents, passing out medications, and supervising CNAs.          [¶3] On April 11, 2014, Ms. McKeen was having a busy, somewhat stressful day at work. She had to track down patients who were not in their rooms to test their blood sugars before mealtime. When she entered the room of a patient who had recently undergone a carotid endarterectomy, she noticed he was having neurological problems that required immediate attention. She went to find a nurse qualified to further evaluate the situation.          [¶4] When she returned with the nurse, Ms. McKeen noticed a sense of heaviness across her shoulders, which soon spread to her arms and chest. This sensation worsened quickly, and she excused herself from the room. After an evaluation by New England Rehabilitation staff, she was transported to Maine Medical Center, where she remained for about a week. She was diagnosed as suffering from a myocardial infarction (MI) and underwent cardiac catheterization and stent placement.          [¶5] Ms. McKeen thereafter filed her Petitions with the board. The record contains conflicting expert opinions as to what caused Ms. McKeen’s MI. Dr. Teufel conducted an independent medical examination pursuant to 39-A M.R.S.A. § 312 (Supp. 2018). He issued a report pursuant to section 312 and was subsequently deposed. Although conceding that the precise cause of the MI was “unknowable,” he ultimately opined that it most likely occurred due to a plaque rupture. Noting an absence...

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