MATT NIEMI, Employee/Appellant,
v.
M.A. MORTENSON CO. and ST. PAUL FIRE & MARINE INS. CO., Employer-Insurer.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
February 19, 1999
HEADNOTES
PERMANENT
PARTIAL DISABILITY - REFLEX SYMPATHETIC DYSTROPHY; RULES
CONSTRUED - MINN. R. 5223.0420, SUBP. 6. Minn. R.
5223.0420, subp. 6B, applies when "the individual can
ambulate only with assistive devices or special
shoes" (emphasis added). Since the employee here is
able to ambulate without his orthopedic shoe indoors at home,
the compensation judge did not err in failing to apply
subpart 6B where the employee was capable of ambulation
without an assistive device or special shoe on a repetitive
and regular basis for a significant portion of each
day. In the absence of specific medical evidence
justifying such an interpretation, there was similarly no
basis in this case to classify the employee's thermal
stockings as an "assistive device" within the
meaning of this rule.
Affirmed.
Determined by Johnson, J., Wilson, J., and Wheeler, C.J.
Compensation Judge: Donald C. Erickson
OPINION
STEVEN
D. WHEELER, Judge
The
employee appeals from the compensation judge's award of a
6.5 percent whole-body permanent partial disability rating
for a diagnosis of mild reflex sympathetic dystrophy (RSD)
pursuant to Minn. R. 5223.0420, subp. 6A. The employee
contends that he was entitled to a higher percentage whole
body rating under subparts 6B or 6C of the rule for either
moderate or severe RSD.
DECISION
The
employee, Matt Niemi, sustained an admitted work-related
injury to his left foot and ankle on May 21, 1996 while
employed as a millwright by M. A. Mortenson Company, the
employer. The employee was treated surgically for a
fracture of the proximal phalanx of the left great toe by
open reduction with internal fixation on May 30,
1996. Subsequent to the surgery, the employee developed
symptoms of reflex sympathetic dystrophy in the left lower
extremity. (Findings 2, 4 [unappealed]; Exh. L: 5/30/96...
