Schoon v. News America Marketing, 012521 SDWC, 76, 2016/17
| Case Date | January 25, 2021 |
| Court | South Dakota |
1. In November 2001, Destiny Schoon (Schoon or Claimant) was involved in a motor vehicle accident.
2. On September 9, 2002, Schoon treated with Dr. Shannon DeBoer at Complete Chiropractic. Schoon presented with upper back pain into the neck and shoulders. Dr. DeBoer’s notes indicate that Schoon complained of pain in her shoulder blades and neck since childhood. Dr. DeBoer further noted that Schoon had intermittent problems with neck, upper back, and upper cervical spine since the car accident. Schoon continued to treat with Complete Chiropractic 86 times through April 2005.
3. On April 18, 2003, Schoon was treated by Dr. DeBoer who noted, Schoon presented with neck and shoulder pain. Dr. DeBoer diagnosed Schoon with aggravation of cervical complaint via motor vehicle accident.
4. In August 2003, Schoon was involved in another motor vehicle accident.
5. On February 10, 2004, Schoon treated with Break Through Health. On her patient form, Schoon indicated that she was presenting with constant neck and shoulder pain resulting from her car accident in August of 2003.
6. On August 17, 2004, Schoon suffered a slip and fall at a concert in Sioux Falls, South Dakota. In her personal injury suit against the City of Sioux Falls, Schoon alleged she suffered serious and permanent injuries.
7. On March 25, 2005, Schoon was treated at 2 Docs Chiropractic where she complained of neck pain as a result of her car accident and fall. Dr. Michael Torsney of 2 Docs Chiropractic diagnosed Schoon with acute traumatic sprain/strain of the neck with associated pain and stiffness as well as cervical, thoracic, lumbar, sacral and pelvic segmental dysfunction with associated muscle spasm, stiffness, and pain. He opined that the injuries were the combined result of the motor vehicle accident and the fall.
8. In 2007, Schoon moved to Rapid City. She continued chiropractic care, but it was only offering temporary relief. The chiropractor referred her to Black Hills Orthopedic & Spine Center (Black Hills Orthopedic). Black Hills Orthopedic conducted imaging and ordered physical therapy. Schoon took part in the physical therapy off and on for about a year. Black Hills Orthopedic then sent her for an EMG.
9. On December 8, 2008, Schoon treated with Black Hills Orthopedic for complaints of pain in her right shoulder.
10. On December 22, 2008, Dr. DeBoer offered an expert medical opinion in Schoon’s lawsuit. DeBoer opined that as a result of Schoon’s fall, her fibromyalgia was exacerbated which would be consistent with a force transmitted from the distal extremity through the arm and shoulder and up to the neck. Dr. DeBoer also noted that Schoon had responded well to treatment and had progressed through the prior couple of months with the main complaint becoming less and less about her neck and upper back areas.
11.On February 5, 2009, the EMG was performed by Dr. Brett Lawlor of The Rehab Doctors. The EMG was normal. Schoon was referred to Dr. Lawlor for treatment.
12. On April 9, 2009, Schoon began her treatment with Dr. Lawlor who prescribed medication and physical therapy with a new therapist. He then performed bilateral C6-7, C7-T1 facet area injections to see if that would alleviate Schoon’s symptoms. Schoon found the injections very helpful. Following the injections, School was able to work 60 hours per week and play recreational softball from 2010 through 2013 without symptoms other than the occasional flare up.
13.On and before May 7, 2015, Schoon worked for a law firm and a second job at News America Marketing which was at all times pertinent insured by Farmington Casualty Company (jointly Employer/Insurer) for workers’ compensation purposes.
14. On May 7, 2015, Schoon was hanging advertising for News America Marketing when she felt severe pain in her shoulder. That night she took over the counter medication and iced the area to try to alleviate the pain. Employer/Insurer accepted the claim as compensable.
15. On May 8, 2015, Schoon went to Black Hills Health and Wellness for chiropractic adjustments to relieve her symptoms. Schoon experienced temporary relief.
16.On May 12, 2015, Schoon returned to Black Hills Wellness for another adjustment, but the relief was not long lasting. The chiropractor referred her to Black Hills Orthopedic.
17. On May 18, 2015, Schoon presented to Black Hills Orthopedic with complaints of right shoulder and neck pain. PA Candace M. Winters prescribed physical therapy.
18. On June 2, 2015, Schoon began physical therapy at Promotion with Myron Sorestad. After multiple physical therapy appointments, Black Hills Orthopedic referred Schoon to Dr. Lawlor
19. On August 20, 2015, Schoon visited Dr. Lawlor. He prescribed physical therapy with Myron at Promotion and ordered a cervical MRI. The MRI showed broad-based disc herniation at C5-6 which impinged on the right ventral hemicord.
20. On November 3, 2015, Jorna Chapple, on behalf of Employer, indicated the claim was accepted for right shoulder only and asked Dr. Lawlor to send records supporting the need for more physical therapy for the should as well as treatment for the neck.
21. On November 4, 2015, Dr. Lawlor responded to Ms. Chapple by fax. He explained that it was...
To continue reading
Request your trial