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...