ALAN B. TURCOTTE, Employee,
v.
DETROIT MARINE, INC., and JOHN DEERE INS. CO., Employer-Insurer,
and
DAIRY SUPPLY CO. and FARM BUREAU INS. CO., Employer-Insurer/Appellants,
and
U.S. DEP'T OF VETERANS AFFAIRS and MN DEP'T OF ECONOMIC SEC., Intervenors.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
February 18, 1999
HEADNOTES
CAUSATION
- SUBSTANTIAL EVIDENCE. Substantial evidence supports
the compensation judge's finding that the employee
sustained an injury to his cervical spine and left arm on
February 18, 1994. The issue of whether the injury was a
temporary or permanent aggravation of his pre-existing
condition remains open.
PRACTICE
& PROCEDURE - PREMATURE FINDING. Where the
compensation judge authorized a repeat MRI scan to more fully
diagnose the employee's cervical spine condition
following the employee's February 18, 1994 injury, the
judge did not err in finding that a determination of the
parties' claims regarding apportionment, permanent
partial disability, and attainment of maximum medical
improvement (MMI) were premature.
Affirmed.
Determined by Johnson, J., Wilson, J., and Hefte, J.
Compensation Judge: Jeanne E. Knight
OPINION
THOMAS
L. JOHNSON, Judge
Dairy
Supply Company and Farm Bureau Insurance Company appeal the
compensation judge's finding that the employee sustained
a personal injury arising out of his employment on February
18, 1994, and the judge's findings that determination of
maximum medical improvement, apportionment and the
employee's claim for permanent partial disability
benefits was premature. We affirm.
BACKGROUND
On
April 18, 1989, Alan B. Turcotte, the employee, sustained an
admitted, work-related injury while working as a mechanic for
Detroit Marine, Inc., insured by John Deere Insurance
Company. A CT scan and myelogram taken August 15, 1989,
revealed a herniated disc at C5-6 on the left. On
September 6, 1989, a C5-6 hemilaminectomy and discectomy was
performed by Dr. John Mullen at the VA Hospital in
Minneapolis. The employee was discharged on September
15, 1989 with instructions to avoid heavy lifting for the
next eight weeks. (Pet. Ex. C.)
The
employee returned to work at Detroit Marine approximately six
months after his surgery in a light-duty job. Although
the employee eventually resumed some of his pre-injury
duties, he was unable to do any work requiring heavy
lifting. Detroit Marine went out of business in the fall
of 1991. (T. 40-43, 79.) The employee then obtained
a job with Audubon Marine performing small engine
repair. This company also went out of business. (T.
46, 80.) On January 5, 1993, the employee was hired by
Dairy Supply Company to install and service dairy farm
equipment. During the hiring process, the employee told
the employer he could not lift heavy items or work in a fixed
position for more than a short time. (T. 47-48, 81.)
On
April 27, 1993, the employee saw Dr. Sunny S. Kim at the
Institute for Low Back Care at the request of Dairy Supply
Company. The employee denied any new injury or problems
and testified the company wanted a record of his
limitations. Dr. Kim noted the employee had a flare-up
about a month previously while looking up and pushing
upwards. Dr. Kim diagnosed a resolving, temporary
aggravation of the employee's left cervical
radiculopathy. The doctor stated the employee could work
on a moderate-duty basis, eight hours a day, with a 30 pound
restriction. (Pet. Ex. D.)
In
February 1994,1 the employee fell off a ladder while
working on a pipeline in a barn. The employee testified
his neck and left arm pain was worse than it had been for
several years. (T. 55.) The employee saw Dr. Kim on
February 23, 1994. An x-ray showed cervical lordosis and
osteophytes at C5-6 and C6-7. The doctor noted limited
cervical range of motion and a normal neurological
examination. Dr. Kim prescribed Toradol, an
anti-inflammatory medication, and advised the employee to
make another appointment if his symptoms persisted.
The
employee was off work for three or four weeks after the
February 1994 incident. He returned to Dairy Supply but
testified he was unable to do all of the jobs assigned to him
and was unable to work on a full-time basis. (T.
59-60.) On May 13, 1994, Dr. Kim signed a Report of Work
Ability listing February 22, 1994 as the date of injury, and
assigning a 30 pound lifting restriction from April 1, 1994
extending indefinitely. (Pet. Ex. D.) The employee
was laid off by Dairy Supply sometime around June 1,
1994. (T. 61.) By report dated July 7, 1994...
