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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