Strope v. Kootenai Medical Center, Inc., 062216 IDWC, IC 2011-003968

Case DateJune 22, 2016
CourtIdaho
MICHELLE STROPE, Claimant,
v.
KOOTENAI MEDICAL CENTER, INC., Employer,
and
LIBERTY NORTHWEST INSURANCE CORPORATION, Surety, Defendants.
No. IC 2011-003968
Idaho Workers Compensation
Before the Industrial Commission of the state of Idaho
June 22, 2016
          ORDER           R.D. Maynard, Chairman          Pursuant to Idaho Code § 72-717, Referee Alan Taylor submitted the record in the above-entitled matter, together with his recommended findings of fact and conclusions of law, to the members of the Idaho Industrial Commission for their review. Each of the undersigned Commissioners has reviewed the record and the recommendations of the Referee. The Commission concurs with these recommendations. Therefore, the Commission approves, confirms, and adopts the Referee's proposed findings of fact and conclusions of law as its own.          Based upon the foregoing reasons, IT IS HEREBY ORDERED that:
1. Claimant has not proven that her current need for a lumbar MRI and potential additional medial treatment of her lumbar spine are due to her 2011 industrial accident.
2. Claimant has not proven that due to her industrial accident, she is entitled to additional temporary disability benefits.
3. Claimant has not proven her entitlement to an award of attorney fees.
4. Pursuant to Idaho Code § 72-718, this decision is final and conclusive as to all matters adjudicated.
         INDUSTRIAL COMMISSION           Thomas E. Limbaugh, Commissioner, Thomas P. Baskin, Commissioner          FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION          INTRODUCTION          Pursuant to Idaho Code § 72-506, the Idaho Industrial Commission assigned the above-entitled matter to Referee Alan Taylor, who conducted a hearing in Coeur d'Alene on December 1, 2015. Claimant, Michelle Strope, was present in person and represented by Starr Kelso, of Coeur d'Alene. Defendant Employer, Kootenai Medical Center, Inc. (KMC), and Defendant Surety, Liberty Northwest Insurance Corporation, were represented by Lea Kear, of Boise. The parties presented oral and documentary evidence. Post-hearing depositions were taken and briefs were later submitted. The matter came under advisement on March 23, 2016.          ISSUES          The issues to be decided are:          1. Claimant's entitlement to medical care due to her industrial accident;          2. Claimant's entitlement to temporary disability benefits due to her industrial accident; and          3. Claimant's entitlement to attorney fees. All other issues are reserved.          CONTENTIONS OF THE PARTIES          Claimant suffered an industrial accident causing lumbar disc reherniation on January 13, 2011, while working for KMC. She underwent lumbar discectomy in June 2011, but alleges she never reached maximum medical improvement thereafter. She seeks further medical benefits, including lumbar MRI and possible additional medical treatment, and temporary disability benefits. Claimant also asserts Defendants have unreasonably denied further medical care and are thus liable for attorney fees.          Defendants acknowledge Claimant's industrial accident and have paid for her June 2011 discectomy but assert that Claimant became medically stable in September 2011, has received appropriate permanent impairment benefits, and is entitled to no further medical or temporary disability benefits.          EVIDENCE CONSIDERED          The record in this matter consists of the following:          1. The Industrial Commission legal file;          2. The testimony of Claimant taken at hearing;          3. Claimant's Exhibits A-Q, U, V, and X admitted at hearing;1          4. Defendants' Exhibits A-M admitted at hearing; and          5. The post-hearing deposition testimony of Bret Dirks, M.D., taken by Claimant on December 15, 2015.          All pending objections are overruled. After having considered the above evidence and the arguments of the parties, the Referee submits the following findings of fact and conclusions of law for review by the Commission.          FINDINGS OF FACT          1. Claimant was born in 1965. She was 50 years old and resided in Post Falls at the time of hearing. She is a registered nurse.          2. Background. At age 18 Claimant was involved in a motor vehicle accident and was hospitalized for 11 days. In 1992, she was involved in another motor vehicle accident. She attended nursing school at North Idaho College and became licensed as a nurse in Idaho and Washington in 1994. Claimant also completed her bachelor's degree in nursing in 2002.          3. In 2002, Claimant began working at KMC as a registered nurse. She trained in all units at the hospital and eventually worked as a float pool nurse. Claimant was also a clinical nursing instructor for nurses in training.          4. In approximately 2004 Claimant fell while skiing. Thereafter she noted periodic back pain and reported that her back "went out" every four to six months. Claimant's Exhibit X, p. 562. From 2005 through 2010, Claimant received more than 150 chiropractic treatments from Charlene Stoddard, D.C., for back pain and, at times, acute sciatica radiating down her left leg.          5. In 2009, Claimant was hit by a car. The record contains almost no information about this event.          6. On March 11, 2010, Claimant noted sharp back pain radiating to her left hip when bending over and picking up a bucket at home. She presented to her family physician, Allen Seely, M.D., who diagnosed lumbar strain. However, her symptoms did not resolve and she sought treatment from Jeffrey Larson, M.D. A March 17, 2010 lumbar MRI revealed degenerative disc disease at multiple levels, including L5-S1.          7. On June 11, 2010, Claimant underwent bilateral L5-S1 discectomy by Dr. Larson.[2] She recovered with no radicular leg pain, although she noted continued intermittent back pain. On September 1, 2010, Dr. Larson recorded Claimant's Oswestry score was 34%,3and released her to return to work as a nurse performing her usual duties, including transferring patients. Claimant returned to work and by January 2011, was performing her usual duties as a nurse at KMC.          8. Industrial accident and treatment. On January 13, 2011, Claimant was working in the progressive care unit at KMC. She helped lift a patient and felt immediate pain in her low back at the same level as the scar from her prior surgery. Claimant immediately reported her injury. She attempted to continue working; however, over the next several days she developed progressive low back and left buttock pain. She was sent to Michael Ludwig, M.D., KMC's occupational health physician.          9. On February 7, 2011, Claimant presented to Dr. Ludwig who recommended conservative treatment. Her back pain did not improve and on February 28, 2011, she received a lumbar MRI which the reporting radiologist and Dr. Ludwig believed showed no structural change from her 2010 MRI. On March 7, 2011, Dr. Ludwig assessed lumbar strain. Claimant underwent physical therapy and chiropractic treatments without significant relief. By April 2011, when her condition remained unchanged with conservative treatment, she requested a second opinion from Dr. Larson, who had performed her prior surgery.          10. On May 11, 2011, Claimant presented to Dr. Larson. Her Oswestry score was 62%. Dr. Larson reviewed her February 2011 MRI and noted L5-S1 recurrent disc herniation on the left, not mentioned in the radiologist's report. Dr. Larson contacted the radiologist who then reviewed the films and provided an addendum to the original radiology report, identifying a questionable recurrent disk fragment at L5-S1 adjacent to the S1 nerve root. Dr. Larson recommended left L5-S1 discectomy. On June 6, 2011, Dr. Larson performed...

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