JACOB SMITH, Employee/Appellant,
v.
KMART/SEARS HOLDING CO. and SEDGWICK CLAIMS, Employer-Insurer/Respondents
and
PREMIER HEALTH OF PLYMOUTH and RESTORE VOCATIONAL REHAB, Intervenors.
No. WC18-6181
Minnesota Workers Compensation
Workers’ Compensation Court Of Appeals
January 3, 2019
REHABILITATION
– QUALIFIED EMPLOYEE. Substantial evidence in the
record, including the testimony of the employee, supports the
compensation judge’s determination that the employee is
not a qualified employee under Minn. R. 5220.0100, subp. 22,
because the employee does not meet the criteria of the rule
as a result of the effects of his work injury.
TEMPORARY
TOTAL DISABILITY – WORK RESTRICTIONS. Substantial
evidence in the record supports the compensation
judge’s denial of the employee’s claim for
temporary total disability benefits upon finding that the
employee resigned from his employment because of a desire to
focus on school and not because of his work injury or
restrictions.
Joshua
E. Borken, Law Firm, St, Paul, Minnesota, for the Appellant.
Daniel
D. Carlson, Brown & Carlson, P.A., Minneapolis,
Minnesota, for the Respondents.
Determined by: Gary M. Hall, Judge, David A. Stofferahn,
Judge, Sean M. Quinn, Judge
Compensation Judge: Danny P. Kelly
Affirmed.
OPINION
GARY
M. HALL, Judge
The
employee appeals the compensation judge’s denial of his
claim for temporary total disability benefits and denial of
payment of outstanding vocational rehabilitation bills. We
affirm.
BACKGROUND
The
employee, Jacob Smith, suffered an injury to his back while
working for Sears on August 4, 2016. At the time of injury,
the employee was 17 years old and employed on a part-time
basis while on summer break from high school. He worked
primarily in the tool department of the store and was injured
while lifting a boxed lawnmower with a co-worker. He did not
seek immediate medical care and resumed his normal schedule
with no lost time from work.
In
September 2016, the employee started his senior year of high
school. He continued working for Sears. On October 22, 2016,
the employee presented at Premier Health of Plymouth with
complaints of pain in the thoracic and lumbar spine as a
result of the lifting injury at work. The employee received
chiropractic care from Brian Chmiel, D.C., who restricted the
employee from physical exercise for purposes of gym class at
school. The employee was also given weight lifting
restrictions and limitations on bending and squatting. The
employee testified that he continued to work at Sears under
these restrictions and would ask for help with lifting, if
needed. He received regular chiropractic treatment with noted
improvements into November. The employer and insurer admitted
the work injury and paid for the employee’s
chiropractic care.
In
November 2016, the employee sought to limit his work schedule
to only weekend hours so as to not interfere with his classes
and to maintain his grades. He testified that he attempted to
negotiate this schedule with Sears and was even looking for
alternative employment opportunities that were limited to
weekend hours. Because Sears continued to schedule the
employee for weekday hours, the employee resigned on November
19, 2016. The employee acknowledged in his testimony that
resigning from his employment was not related to his August
4, 2016, work injury.
Shortly
before the employee’s resignation, the insurer’s
claims adjuster was contacted by Molly Nokleby of Restore
Vocational Rehabilitation with a request for authorization to
complete a rehabilitation consultation of the employee. After
some correspondence back and forth, the claims adjuster
approved medical management assistance on December 2, 2016.
Ms. Nokleby met with the employee and completed a
rehabilitation consultation report. In her report, Ms.
Nokleby determined the employee was qualified for
rehabilitation services. She...
