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Baptist Hospital East v. Jones12/16/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY OTHER CASE IN ANY COURT OF THIS STA E.
MEMORANDUM OPINION OF THE COURT
REVERSING
The claimant sought workers' compensation benefits for a back injury that occurred in January, 2000. She had failed to seek benefits for a 1999 back injury and conceded that a claim for that injury was presently barred by limitations. Nonetheless, an Administrative Law Judge (ALJ) determined that the 2000 incident exacerbated the 1999 injury, that temporary total disability (TTD) benefits the employer paid in 2000 were actually for the effects of the 1999 injury, and that they tolled the period of limitations for the 1999 injury. On that basis, the ALJ awarded income benefits for impairment due to the 1999 injury. Concluding that the ALJ's application of CR 15.02 was an abuse of discretion under the circumstances, the Workers' Compensation Board (Board) reversed and remanded. The Court of Appeals vacated and remanded in a two-to-one decision, directing the Board to reinstate the award. We reverse.
In March, 1999, the claimant began working for the defendant-employer as a certified nurse's aide. Her duties included making up patients' rooms, occasionally hooking up and reading various monitors, and bathing, dressing, and feeding patients.
The claimant sought chiropractic treatment for lower back problems in July, 1999, after experiencing pain the previous month while jogging. She testified that she sustained her first work-related back injury on September 16, 1999, while helping another aide move a 350-pound patient. She stated that after experiencing immediate pain in the right side of her back that radiated into her right hip and leg, she reported the incident and went to the emergency room. A "young doctor" placed her on light duty for a week and prescribed Flexoril. She continued working thereafter.
No medical records concerning the acute treatment of the September, 1999, injury were introduced. In December, 1999, the claimant came under the care of Dr. Lehmann, at which time she complained of pain in the central and right lower back, buttocks, and hips and in the posterior left leg. Dr. Lehmann noted a history of back pain after a 1997 fall in a parking lot. According to the claimant, the pain later resolved but reappeared in July, 1999, for no apparent reason. On September 16, 1999, she sustained a work-related injury and experienced symptoms immediately thereafter.
Despite physical therapy and other conservative treatment, the symptoms continued. Dr. Lehmann ordered a lumbar MRI, which was performed on January 5, 2000. It revealed various degenerative changes and abnormalities that were not evident in x-rays taken June 21, 1999.
The claimant testified that on January 16, 2000, she sustained a second work-related back injury while helping another aide lift a patient. She experienced severe pain in the mid and lower back that radiated into her left leg and reported the accident to her supervisor immediately. She went to the emergency room where she was given pain medication and referred to Baptistworx for follow-up treatment. The claimant testified that she returned to light duty. Although she missed no work following the incident, she received regular medical treatment from Dr. Bilkey and also from Dr. Lehmann. The claimant testified that she either forced herself to work through her pain or used sick or personal time when she missed work; however, she later stipulated to the receipt of TTD
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