PAMELA J. UPTON, Employee/Appellant,
v.
MOTEL 6 and LIBERTY MUT. INS. CO., Employer-Insurer/Respondents.
No. WC20-6341
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
December 1, 2020
CAUSATION
– SUBSTANTIAL EVIDENCE. Substantial evidence, including
adequately founded expert medical opinion, supports the
compensation judge’s finding that the employee had no
disability related to her work injury.
REHABILITATION
– CONSULTATION. An employee who has no employment
restrictions related to the work injury is not entitled to a
rehabilitation consultation.
TEMPORARY
TOTAL DISABILITY – WORK RESTRICTIONS. TEMPORARY PARTIAL
DISABILITY – WORK RESTRICTIONS. An employee is not
eligible for wage loss benefits when not subject to
employment restrictions related to the work injury.
Michael L. Garbow, Garbow Law Office, P.A., Bemidji,
Minnesota, for the Appellant.
Joseph
G. Twomey, Hansen, Dordell, Bradt, Odlaug & Bradt,
P.L.L.P., St. Paul, Minnesota, for the Respondents.
Determined by: Gary M. Hall, Judge, Patricia J. Milun, Chief
Judge, Deborah K. Sundquist, Judge.
Compensation Judge: Adam S. Wolkoff
Affirmed.
OPINION
GARY
M. HALL, Judge.
The
employee appeals the compensation judge’s denial of her
claims for wage loss benefits, permanent partial disability
benefits, and a rehabilitation consultation, based on the
judge’s finding that the employee no longer had any
disability related to her work-related injury. We affirm.
BACKGROUND
On May
26, 2017, Pamela Upton, the employee, sustained work-related
injuries when she was physically assaulted while working as a
property manager at Motel 6, the employer. She was seen at an
emergency room the next day and was diagnosed with a closed
facial fracture and concussion with loss of consciousness,
unspecified duration. On June 1, 2017, the employee was
evaluated by Orrin Mann, M.D., who noted that the
employee’s post-concussive syndrome had resolved and
referred her to a specialist to address the facial fracture.
The employee was initially given work restrictions, but Dr.
Mann released her for full-time work without restrictions on
June 14, 2017. The employee continued to work for the
employer, but testified that she had difficulty
concentrating, which affected her job performance. The
employer terminated her employment on October 15, 2017. She
worked for a Motel 6 franchise for a short time in January
2018, then worked for another employer as a property manager
from June 2018 to July 2019. She testified that she had
difficulty performing her job and was afraid while working.
Other than providing childcare for relatives, she has not
worked since then but lives independently, drives, shops, and
manages her finances.
As a
result of the May 26, 2017, incident, the employee claimed a
serious traumatic brain injury (TBI), post-traumatic stress
disorder (PTSD), concussion, and facial injuries. The
employer and insurer accepted primary...
