Christine L. Namchek, Applicant
Lifenet LLC Employer
Society Ins., A Mut. Co. Insurer
No. 2016-018199
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
August 17, 2020
Atty.
Susan E. Larson
WORKER’S
COMPENSATION DECISION 1
Michael H. Gillick, Chairperson.
Order
The
commission affirms the decision of the administrative law
judge. Accordingly, the application for benefits is
dismissed.
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner.
Procedural
Posture
The
applicant filed a hearing application in October of 2017
claiming a right hip and back injury, with a date of injury
of July 25, 2012. An administrative law judge for the
Department of Administration, Division of Hearings and
Appeals, Office of Worker’s Compensation Hearings
(Division), heard the matter on November 30, 2019, and issued
a decision dated January 22, 2020, dismissing the application
for benefits. The applicant filed a timely petition for
review.
Prior
to the hearing, the respondent conceded jurisdictional facts;
that an incident occurred on July 25, 2012, which caused a
mild temporary increase in symptoms related to a preexisting
condition with a return to baseline without disability or
need for further treatment by September 13, 2012; and an
average week wage of $350.40, which the administrative law
judge adopted. The issues are the nature and extent of the
applicant’s July 25, 2012, injury, and the
respondent’s liability for medical expenses. The
commission has considered the petition and the positions of
the parties, and has independently reviewed the evidence.
Based on its de novo review, the commission affirms
the decision of the administrative law judge and makes the
following:
Findings
of Fact and Conclusions of Law
As
supplemented by the commission’s memorandum
opinion,[2] the commission makes the same
findings of fact and conclusions of law as stated in the
administrative law judge’s decision and incorporates
them by reference into the commission’s decision.
Memorandum
Opinion
The
applicant, who was born in 1961, worked as a supportive care
worker and a personal care worker for the employer. The
applicant sustained at least three work-related injuries
prior to the work injury at issue in this case. One of the
prior injuries was for right sacroiliac dysfunction and
radicular low back pain. She settled the prior injury claims
with full and final compromise agreements. The applicant
alleges that she sustained an injury on July 25, 2012, to her
right hip and back that necessitated medical treatment and
has resulted in 5% permanent partial disability compared to
loss of the leg at the hip. The respondent conceded that on
July 25, 2012, the applicant sustained a mild temporary
increase in symptoms related to a preexisting condition, but
it asserts that she returned to baseline without disability
or need for further treatment by September 13, 2012.
The
Applicant’s Alleged Injury and Medical
Treatment
Prior
to the work incident at issue in this case, the applicant had
some relevant prior medical treatment. She did treat for some
back pain in 1980, but that is very remote in time from the
work incident on July 25, 2012.[3] She began working for the
employer in 2009; at the time, she did not have any permanent
work restrictions.[4] She worked in supportive care, which
involved making meals and light housekeeping, and as a
personal care worker, which involved helping clients shower,
distributing medicine, as well as helping clients with meals
and providing companionship.[5]
On
January 12, 2010, the applicant treated for a work-related
left thigh injury. On April 19, 2010, the applicant treated
with Dr. Jennifer Parsley, D.O., for left hip pain and left
leg tingling. Dr. Parsley diagnosed hip pain, radicular low
back pain, and somatic dysfunction of the spine. An x-ray of
the lumbar spine showed disc space narrowing at L1-2, L3-4,
L4-5, and L5-S1 compatible with disc degeneration.
On
December 27, 2010, the applicant treated with Janaan
Duellman, PAC, for a work injury occurring on December 25,
2010, involving her right arm. She was assessed with arm pain
and tendonitis. The applicant continued to treat with Dr.
Parsley and Dr. John Lindstrom, M.D., in 2010 and 2011 for
her arm and shoulder.[6]
On
October 7, 2011, the applicant treated with Dr. Parsley with
complaints of acute low back pain and right hip pain since
falling at work on the previous Friday. After emptying a
catheter for a client, the applicant slipped on water on the
floor of the client’s kitchen and landed on her right
hip and low back. Dr. Parsley noted a past medical history of
mild osteoarthritis and that the applicant had no prior
injuries to her back or left hip. X-rays did not reveal any
fractures. Dr. Parsley assessed low back pain, acute right
hip pain, and somatic dysfunction of the spine. Dr. Parsley
gave the applicant a prescription for Tylenol #3 and told her
to rest. On October 11, 2011, Dr. Parsley noted the
applicant’s low back and right hip pain had improved.
She noticed a constant ache in the right lower lumbar and
sacroiliac area. On October 18, 2011, Dr. Parsley noted the
applicant continued to have low back and leg pain radiating
into her right buttocks; she referred the applicant to
physical therapy. On November 3, 2011, Dr. Parsley noted the
applicant continued to have tenderness at the right
sacroiliac joint and along the right piriformis, though it
was improved with physical therapy. On November 22, 2011, Dr.
Parsley noted that since her last visit, the
applicant’s low back and right posterior thigh had been
feeling significantly better, but the applicant still got
radiating pain that started in the right buttock and
sacroiliac area that went into her right posterior upper
mid-thigh. She had been getting this constantly, but she was
now getting it about 5 times per day. Work restrictions were
continued.[7]
On
December 4, 2011, the applicant treated for a new
work-related right arm injury. A client had used a fist and
swung across striking the applicant in the right biceps area.
She had a contusion on the upper arm.
On
December 8, 2011, the applicant treated with Kristin L.
Rubenzer, NP, and Dr. Jeffrey F. Kessel, M.D., for right hip
and low back pain and her shoulder injury. Regarding her
right hip and low back, they assessed sacroiliac joint
dysfunction and radicular low back pain. She was advised to
continue her medications and therapy. She was returned to
work with light work restrictions, including a 10-pound
lifting restriction. She also treated for the right biceps
injury where a client hit her in the right upper arm with a
closed fist. Her biceps had improved.
On
December 23, 2011, the applicant first treated with Dr. Jane
M. Stark, M.D. Dr. Stark noted the applicant continued to
complain about right hip and low back pain. Dr. Stark noted,
“She gets a popping sensation which she had this
morning and it feels like the hip is ‘out’. She
does were [sic] a sacroiliac joint belt but states that when
she was getting into the shower she did not have the belt on
and felt this pop. This creates discomfort.” Dr. Stark
assessed sacroiliac joint dysfunction and radicular low back
pain. She returned the applicant to work with a 10-pound
lifting restriction. She also treated the applicant’s
right shoulder pain. On January 20, 2012, Dr. Stark noted the
applicant was feeling a lot better. “At times she will
have increased pain, especially in the morning when she gets
up. She does, however, admit to having some arthritic
symptoms as well.” The applicant was feeling
significant improvement with the physical therapy.[8]
On
February 9, 2012, Dr. Stark reviewed the applicant for her
shoulder and hip and back symptoms. “Patient was
advised that she does have preexistent lumbar disease. I do
not feel that this current injury has exacerbated or
accelerated that, but I do think that as she states she is at
risk for further injury. As a result, permanent restrictions
would be indicated, but these would not be related to this
particular injury.” On March 5, 2012, Dr. Stark treated
the applicant for right neck pain, right low back pain, and
pain down the right hip. She noted the applicant had slipped
at work and jarred herself, which caused pain in the right
side of her neck and aggravated the pain in her low back.
“She was supposed to be ‘released’ from
Workers’ Compensation as of this coming week
appointments. However, this most...
