Reding v. GGNSC Pittsburg, LLC, 0518 KSWC, 1,064,532

• Case Date: May 01, 2018
• Court: Kansas

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TABATHA A. REDING Claimant v. GGNSC PITTSBURG, LLC Respondent AND INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Insurance Carrier No. 1,064,532 Kansas Workers Compensation Before the Kansas Workers Compensation Appeals Board May, 2018           William L. Phalen, Attorney for Claimant.           Stephen P. Doherty and Michael P. Bandre, Attorneys for Respondent and its Insurance Carrier           ORDER           Honorable Steven M. Roth, Administrative Law Judge.          Respondent and its insurance carrier (respondent) appealed the December 14, 2017, Award entered by Administrative Law Judge Steven M. Roth. The Board heard oral argument on April 19, 2018.          Appearances          William L. Phalen of Pittsburg, Kansas, appeared for claimant. Michael P. Bandre of Overland Park, Kansas, appeared for respondent.          Record and Stipulations          The record considered by the Board and the parties' stipulations are listed in the Award. The Board also considered the October 23, 2015, motion hearing transcript.          Issues          Judge Roth found claimant sustained a 6 percent whole person functional impairment as the result of her February 26, 2013, work-related injuries and that she was entitled to future medical benefits.          Respondent contends claimant is not entitled to future medical benefits and the judge's award of a 6 percent whole person functional impairment should be affirmed.          Claimant requests the award of future medical benefits be affirmed and that she be awarded benefits for an 8 percent whole person functional impairment.          The issues raised by the parties are:

1. What is the nature and extent of claimant's disability?

2. Is claimant entitled to future medical benefits?

         Findings of Fact          Claimant worked as a certified nursing assistant at respondent's nursing home. She injured her low back and hip while moving a resident at the nursing home on February 26, 2013. Respondent did not appeal the judge's ruling that claimant suffered personal injury by accident, so the details of how her injury occurred are not germane to this matter.          On February 8, 2016, Dr. Jonathan L. Grantham performed an arthroscopic right hip iliopsoas release, limited synovectomy and greater trochanteric bursectomy. The doctor explained that claimant was having pain in the front and side of her hip and was having a catching and popping sensation. He lengthened the iliopsoas tendon to prevent the popping and catching. Claimant also had pain in the greater trochanteric region of the hip, so he performed a bursectomy, or removal of the bursa.          When Dr. Grantham last saw claimant on June 14, 2016, he determined claimant reached maximum medical improvement. Initially, on July 28, 2016, Dr. Grantham, using the American Medical Ass'n, Guides to the Evaluation of Permanent Impairment (6th ed.), opined claimant had a 2 percent right lower extremity impairment, which converts to a 1 percent whole person impairment. On September 8, 2016, using Table 64 of the American Medical Ass'n, Guides to the Evaluation of Permanent Impairment (4th ed.),1 the doctor revised his rating to a 5 percent right lower extremity impairment (for chronic trochanteric bursitis) that...