THOMAS N. TOLLEFSON, Employee/Appellant,
v.
SCHWICKERTS, SELF-INSURED/BERKLEY RISK ADM'RS, Employer,
and
MAYO FOUND., ROOFERS UNION LOCAL 96 and MN DEP'T OF LABOR & INDUS./VRU, Intervenors.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
May 14, 2003
HEADNOTES
CAUSATION
- CONSEQUENTIAL INJURY. Where the employee had a
pre-existing low back condition at the time of his work
injury in 1999 but was able to return to work as a roofer,
and later sustained another injury to his low back while not
at work in 2001, substantial evidence, including expert
medical opinion, supports the compensation judge's
finding that the employee did not establish medical causation
between his 1999 work injury and his disability in 2001 or
his need for three-level fusion surgery in 2002.
Affirmed.
Determined by: Johnson, C.J., Pederson, J., and Stofferahn,
J.
Compensation Judge: Paul V. Rieke.
OPINION
THOMAS
L. JOHNSON, Judge
The
employee appeals the compensation judge's finding that he
failed to prove his disability after August 9, 2001 was a
direct and natural consequence of his admitted April 28, 1999
personal injury. We affirm.
BACKGROUND
Thomas
N. Tollefson, the employee, sustained a work-related low back
injury in 1987 while working for Merit Contracting. The
employee testified he obtained medical care and missed a few
days of work but was able to return to work without
restrictions. On August 19, 1991, the employee sustained
a second work injury while working for Merit
Contracting. The employee was working on the roof of a
building when he was struck by a hoist and thrown off the
roof. The employee testified he fell approximately 10 to
15 feet before his safety harness stopped him. The
employee saw Dr. Thomas Miller at the Olmsted Medical Center
who diagnosed an acute back strain. A bone scan showed
an old anterior compression fracture at L1 but was otherwise
normal. By September 6, 1991, Dr. Miller noted the
employee's back strain was resolving slowly and the
doctor continued the employee's work
restrictions. On October 18, 1991, the doctor allowed
the employee to resume his full duties as a roofer.
The
employee returned to the Olmsted Clinic on July 30, 1992,
complaining of low back pain. On examination, Dr.
Richard Christiana found bilateral muscle spasm and a limited
range of motion. An x-ray showed mild anterior wedging
of L1 and mild discspace narrowing at L4. Physical
therapy was prescribed. The employee returned to the
clinic in April 1993 with complaints of recurrent low back
pain, numbness and paresthesias in his legs since
1991. A lumbar CT scan showed diffuse mild degenerative
changes without evidence of nerve root compression. Dr.
Larry Grubbs prescribed physical therapy. After the
first session of traction at physical therapy, the employee
experienced a flare-up and treated with Dr. Grubbs. Dr.
Grubbs took the employee off work on May 5, 1993. By May
20, 1993, Dr. Grubbs concluded the employee's low back
strain had satisfactorily resolved and he released the
employee to return to full duty work.
The
employee sustained a personal injury to his low back on April
28, 1999, while working as a roofer for Schwickerts, then
self-insured for workers' compensation liability, with
claims administered by Berkley Risk Administrators. The
self-insured employer admitted liability for the
employee's personal injury.
The
employee returned to see Dr. Grubbs on April 29, 1999, and
gave a history of a work injury the day before while
repairing a roof. Dr. Grubbs diagnosed an acute low back
strain and took the employee off work. A lumbar CT scan
showed degenerative changes, osteophyte formation and diffuse
disc bulging at the three lower disc spaces which was new
since the 1993 scan. On May 27, 1999, Dr. Grubbs
released the employee to return to sedentary work with a
10-pound lifting restriction. Dr. James Smith, a
neurologist at the Olmsted Clinic, examined the employee and
ordered EMGs of both legs, which were normal. Dr. Smith
diagnosed musculoskeletal low back pain without evidence of
lumbosacral radiculopathy and recommended the employee
continue with his current work restrictions. In July
1999, Dr. Grubbs diagnosed persistent low back pain and
prescribed further physical therapy. An MRI scan in
August 1999 showed degenerative disc disease at L3 through
L5, with some degree of stenosis of the foramina at L5, with
slight impingement on the L5...
