MICHAEL W. MUCKER, Employee/Appellant,
v.
METRO TRANSIT/METRO. COUNCIL, Self-Insured Employer/Respondent,
And
HEALTHPARTNERS, INC., and SUMMIT ORTHOPEDICS LTD. & SURGICAL, N. MEM'L HEALTH CARE, ALLINA MED. CLINIC, and ABBOTT NW. HOSP., Intervenors.
No. WC19-6286
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
October 24, 2019
CAUSATION
- SUBSTANTIAL EVIDENCE. Substantial evidence, including the
employee's medical records and expert medical opinion,
supports the compensation judge's determination regarding
causation of the employee's need for surgery.
James
A. Batchelor, Batchelor Law Firm, P.A., Minneapolis,
Minnesota, for the Appellant.
Thomas
F. Coleman, Cousineau, Waldhauser & Kieselbach, P.A.,
Mendota Heights, Minnesota, for the Respondent.
Determined by: Patricia J. Milun, Chief Judge, Gary M. Hall,
Judge, Deborah K. Sundquist, Judge
Compensation Judge: Stacy P. Bouman
Affirmed.
OPINION
PATRICIA J. MILUN, Chief Judge.
The
employee appeals the compensation judge's determination
that the evidence does not support a finding that the
employee's decompression and fusion surgery was causally
related to his 2013 or 2017 work injuries. We affirm.
BACKGROUND
Michael
W. Mucker, the employee, had a significant history of
cervical spine problems before his employment with Metro
Transit/Metropolitan Council, the self-insured employer. In
2004, he was involved in a work-related motor vehicle
accident while working for a different employer. The employee
reported neck and upper back pain as well as pain radiating
down both arms. An MRI showed multi-level degenerative
changes at C4-5, C5-6, and C6-7, severe spinal stenosis at
C4-5 with severe neural foramina narrowing and a small disc
herniation, and moderate spinal stenosis at C3-4, C5-6, and
C6-7 with moderate narrowing of the neural foramina
bilaterally.
The
employee underwent a cervical decompression, discectomy, and
fusion surgery at C4-5, performed by Dr. Bryan Lynn at the
Institute for Low Back and Neck Care, on September 2, 2004.
Dr. Lynn noted there was some degree of myelomalacia at the
most stenotic level and opined the 2004 motor vehicle
accident substantially contributed to the development of the
stenosis. He assigned restrictions of light or moderate duty
and avoiding positions that required prolonged static flexion
or extension of the employee's cervical spine.
Dr.
Mark Larkins conducted an independent medical evaluation of
the employee on October 19, 2004. He opined that the employee
had pre-existing myelomalacia and stenosis conditions which,
although not caused by the motor vehicle accident, were
permanently aggravated by that accident. Dr. Larkins
concluded the pre-existing conditions and the 2004 work
injury were substantial contributing factors to the
employee's need for surgery and restrictions.
The
employee reported intermittent posterior cervical discomfort
at his six-month post-surgery checkup. On August 17, 2005,
Dr. Lynn issued a health care provider report indicating the
employee had reached maximum medical improvement and had a
12.5 percent permanent partial disability rating.
The
employee began working for Metro Transit as a part-time bus
driver in July 2005 and became a full-time driver in 2012.
In
January 2006, the employee treated at the Institute for Low
Back and Neck Care, reporting increasing discomfort in his
cervical spine and occipital region and occasional numbness
in his arm. Dr. Lynn indicated that there was a ten percent
chance the employee would need further cervical spine surgery
if his degenerative condition progressed. In 2007, the
employee reported increased pain in his cervical spine, right
occipital region, and right upper extremity, with no
preceding accident or injury.
On
January 27, 2013, the employee sustained an admitted
work-related injury in a bus/vehicle accident while working
for the employer. The employee was treated the next day for
left-sided neck and shoulder pain by Dr. Shanda Dorff at
North Clinic. On examination, he had full active range of
motion of the left shoulder and neck, and his strength and
sensation were equal and symmetrical in both arms. On January
28, 2013, the...
