Stoltz, 062819 WIWC, 2015-005175

Case DateJune 28, 2019
CourtWisconsin
CASEY R STOLTZ Applicant
APOGEE ENTERPRISES INC Employer
NEW HAMPSHIRE INSURANCE CO Insurer
No. 2015-005175
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
June 28, 2019
          Attorney Todd J. Koback           Attorney Craig B. Nichols           WORKER'S COMPENSATION DECISION 1           Michael H. Gillick, Chairperson          Order          The commission affirms the decision of the administrative law judge (ALJ) issued in this matter on November 1, 2018. Accordingly, within 30 days from this date, Apogee Enterprises, Inc. and New Hampshire Insurance Company (respondents) shall make the payments that are set forth in the ALJ's Interlocutory Order.          Jurisdiction is reserved for such further findings and orders as may be necessary.          By the Commission:           David B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner          Procedural Posture          On September 28, 2015, the applicant filed a hearing application claiming compensation for an alleged work-related injury sustained in a work incident with the employer on February 24, 2015. On November 28, 2017, an ALJ for the Department of Administration, Division of Hearings and Appeals, Office of Worker's Compensation Hearings held a hearing in the matter. On November 1, 2018, the ALJ issued a decision finding that the applicant sustained a work-related injury to his lumbar spine. The ALJ awarded temporary and permanent partial disability, as well as vocational rehabilitation benefits, and medical expense. The ALJ's decision was interlocutory for such further findings and orders as may be necessary.          Respondents submitted a timely petition for commission review alleging error in the ALJ's decision. The commission has reviewed the evidence submitted at the hearing, and it has considered the petition and the positions of the parties. Based on its review, the commission agrees with the decision of the ALJ and adopts the findings and conclusion in that decision as its own.          Memorandum Opinion          In order to understand the commission's decision in this matter the facts of the case should first be recounted. The following facts are consistent with the ALJ's factual findings.          Facts.          The applicant, whose birthdate is July 25,1991, was employed as a welder for the employer when he sustained a work injury during the third shift that began on February 23, 2015. The injury occurred at about 3:30 a.m. on February 24, 2015. The applicant and a co-worker were welding aluminum extrusion dies weighing approximately 48 lbs. apiece to a "spline bar" that was laid across two tables. The applicant was at the end of one table, and the co-worker at the end of the other, when the co-worker began to push her end of the spline bar off the table. This caused the spline bar to flip and the applicant's end to drop down to the floor. The applicant could not release his right arm from the spline bar quickly enough, and it dragged him down to the floor, pulling his right arm/side with it. His landed on his right side on the floor. The weight of the spline bar with the attached extrusion dies was between 300 and 400 pounds, and the applicant experienced immediate back and radiating right leg pain.          The applicant was unable to finish his shift and went home to bed. When he woke up later that same morning he continued to experience symptoms and saw Bartholomew D. Hobson, M.D. Dr. Hobson took a history of the work incident and noted the applicant's continuing back and radiating right leg symptoms.2 An x-ray revealed no fracture and Dr. Hobson diagnosed an acute lumbar strain. He prescribed sedentary duty, medication, and follow-up treatment. The applicant continued to receive conservative, follow-up treatment with Nurse Practitioner Robert W. Beauvais. On March 12, 2015, N.P. Beauvais indicated that at that time the applicant's back pain had improved 60%, and that at that time he had no radicular symptoms.3 However, on March 13, 2015, the applicant's physical therapist, Ann M. Hall, recorded that the applicant had constant low back pain and intermittent bilateral posterior leg pain.4          The applicant was referred to Feng Lu, M.D., who first saw him on April 8, 2015. Dr. Lu recorded symptoms of constant low back pain and intermittent right posterior thigh pain. The applicant self-rated his pain at 7/10.5 Dr. Lu administered an injection to the right SI area, but this had no significant effect. A lumbar MRI was performed on April 16, 2015, and the radiologist read it as showing a focal rightward disc protrusion at L5-S1 that "...may contact the traversing right S1 nerve root."6 Mild right foraminal stenosis at that level was also visualized. Dr. Lu saw the applicant on April 22, 2015, noted continuing low back pain, "...with some radiation to the right posterior thigh sometimes."[7] Dr. Lu diagnosed right-sided low back pain secondary to L5-S1 disc herniation. She administered a right S-1 epidural steroid injection on April 30, 2015, and a caudal epidural steroid injection on June 11, 2015, but these also failed to provide significant relief. Dr. Lu continued the applicant's work restrictions, medication prescriptions, and referral to physical therapy. The employer could not accommodate his physical restrictions, so he remained off work.          Dr. Lu continued to see the applicant once a month, and some improvement in symptoms was noted, but not enough to change his overall treatment. On November 11, 2015, Dr. Lu saw him and recorded continuing low back pain localized on the right side, with some radiation to the right posterior thigh. The pain was described as "not bad," but increasing with activity or prolonged sitting.8Dr. Lu gave a final diagnosis of right-sided low back pain with radiation to right posterior thigh, with MRI findings of right L5-S1 disc protrusion and right L5-S1 lateral recess stenosis. She fixed a healing plateau and assessed 3 % permanent partial disability. She continued the applicant's pain medication prescriptions and light duty, 4-hour-per-day restrictions.9 ...

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