Harper v Springfield Rehab
Release Date: 9/13/2021 (Accident date June 2018)
Venue: Greene County
Summary: Claimant alleged PTD while trying to move a heavy medication cart with her hip. Commission affirms the PTD award and denies a request to submit additional evidence. Inj. No. 18-057914.
Claimant described a pull in her back moving a 100 pound cart. She quit her job, applied for social security (age 69), and filed the comp claim. She treated with ESI and a doctor recommended a spinal cord stimulator. Records indicated mobility issues related to a prior neck surgery. Her expert asserted she had structural changes with new stenosis and facet pain. Dr. Kopravica indicated claimant was totally disabled from last accident alone.
The employer relied upon Dr. Cantrell for an accident defense based on a medical history that claimant reported no pain complaints until after going home and sleeping, Dr. Cantrell opined that there is no evidence of a specific event during a single work shift that would constitute a specific injury having occurred on June 22, 2018." Dr. Cantrell indicated that he felt the history of a "pulling" symptom was not an injury. He could not identify any record of give away weakness in the prior history.
ALJ Mahon concluded claimant had an unusual strain when she had symptoms that she stated required OTC medication by the end of the shift. She felt this produced "objective" signs of injury. She felt Dr. Cantrell based his opinions on a fundamental misunderstanding, and conceded she could have had a temporary aggravation. Her risk source of pushing heavy medical carts was a unique occupational risk. The ALJ noted this was more than a soft-tissue case as it demonstrated a psychological component.
The ALJ found Dr. Cantrell's findings that the 2018 accident did not cause a new structural injury supported a basis to deny any fund liability for the prior neck surgery. SIF liability required proof that the prior (non work condition) aggravated or made worse the subsequent condition. The prior neck surgery at C2 identified a noncancerous tumor in her spinal canal and there was no evidence the prior neck condition was work-related. In addition, she notes Dr. Koprivica expressly stated there was no aggravation between the prior neck surgery and the subsequent back injury. Dr. Koprivica had provided an alternate theory of a combo if PTD was not last accident alone.
The dissent argued pushing a wheel cart one or two feet was not credible as an accident when claimant did not have immediate symptoms, she performed additional nursing duties during the night, and she stated her symptoms could have come from "anything." The dissent noted a lack of evidence to support the finding of additional psychological injuries.
Inj. No. 18-057914
Cast:
Mahon, ALJ
Alberhasky
Leahy
Kopravica
Eldred
Cantrell
Hosutt
What's it Worth?
PTD (non-surgical back, career ending restrictions)
