KEVIN D. SATHER, Employee/Respondent,
v.
NEWMECH COS., INC. AND QBE INS., F/K/A GEN. CAS. COS. /SEDGWICK CLAIMS MGMT. SERVS., INC., Employer-Insurer/Appellants, and HARRIS COS. AND CREATIVE RISK SOLUTIONS, Employer-Insurer/ Respondents.
No. WC18-6188
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
November 9, 2018
APPORTIONMENT.
Substantial evidence supports the compensation judge’s
apportionment determination where there were varying
apportionment opinions with adequate foundation.
Michael F. Scully, Sieben Carey, P.A. Minneapolis, Minnesota,
for the Respondent. Melissa S. Hareid Cashman, Fitch,
Johnson, Larson & Held, P.A., Minneapolis, Minnesota, for
the Appellants.
Stephen P. Ward, Heacox, Hartman, Koshmrl, Cosgriff, Johnson,
Lane & Feenstra, P.A., St. Paul, Minnesota, for the
Respondent.
Determined by: David A. Stofferahn, Judge, Gary M. Hall,
Judge, Sean M. Quinn, Judge.
Compensation Judge: William Marshall
Affirmed.
OPINION
DAVID
A. STOFFERAHN, Judge.
NewMech
Companies, Inc. and QBE Insurance f/k/a General Casualties
Companies/Sedgwick Claims Management Services, Inc.’s
(NewMech) appeal from the compensation judge’s award of
contribution to Harris Companies and Creative Risk Solutions
(Harris). We affirm.
BACKGROUND
Kevin
Sather was employed as a plumber for NewMech when he
sustained a low back injury on March 27, 1998.[1] He was
working on a ladder and experienced low back pain as he
reached and lifted with his arms extended out to the side.
Responsibility for the injury was accepted by NewMech.
At the
direction of Dr. Ibrahim Mujir, the employee began physical
therapy in April 1998. He was discharged from physical
therapy with no change noted in his pain level, range of
motion, or functional status. It was also stated that the
employee had been unable to tolerate strength exercises.
The
employee saw an orthopedist, Dr. Paul Crowe, who recommended
conservative treatment. A CT scan ordered by Dr. Crowe in May
1998 was read as showing a small L5-S1 disc herniation. Dr.
Crowe noted no significant change in the employee’s
complaints despite the ongoing treatment, and in February
1999, placed permanent work restrictions on the employee of
no lifting over 50 pounds. In March 1999, Dr. Crowe
determined the employee was at maximum medical improvement
and rated the employee as having 10 percent permanent partial
disability pursuant to Minn. R. 5223.0390, subp.
3.C.(2).[2] NewMech paid the permanent partial
disability benefits.
The
employee saw a number of providers for his low back
complaints after 1999. The medical records indicate he saw
Dr. Gregory Harrison at Millennium Neurosurgery in October
2002 with significant low back pain after playing golf. He
recounted a number of other exacerbations to Dr. Harrison. A
CT scan was performed, which Dr. Harrison read as showing a
mild to moderate degree of degenerative changes throughout
the lumbar spine with mild disc bulging at L3-4 and L5-S1.
The
employee consulted further with Dr. Mujir in 2008 and also
made a visit to...
