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Thomas v. Irving Place Rehabilitation Care Center11/1/2000
The claimant, Toni L. Thomas, filed this workers' compensation action against Irving Place Rehabilitation Care Center ("Irving Place") and its insurer, Travelers Property Casualty ("Travelers"), contending that she sustained a back injury while in the course and scope of her employment with Irving Place. The worker's compensation judge ("WCJ") found that claimant had sustained a work-related injury, but denied Thomas' claim for medical "treatment as recommended by Drs. Tarvin and Blair." The WCJ further ordered that defendants pay for claimant's psychological testing, and that each party bear its own costs. Both parties have appealed. For the following reasons, we affirm the judgment.
FACTS AND PROCEDURAL HISTORY
On June 28, 1998, Toni Thomas, a certified nursing assistant at Irving Place, injured her back while lifting and transferring a 300- pound patient from a wheelchair to place her in a bed. The defendant initially paid Thomas indemnity benefits of $126.37 per week. On January 12, 1999, Irving Place terminated the claimant's benefit payments.
At the time of her injury , Thomas was lifting and transferring the patient when Thomas heard a pop and felt a pinch in her back. Thomas immediately went to the nurse on staff at Irving Place and told her what had happened. Because the nurse was unable to find the administrator or head nurse, the nurse wrote an accident report of the incident. The next day, after talking to Thomas about the injury, the head nurse apparently sent Thomas to Dr. James Dossey, an occupational medicine specialist.
Dr. Dossey's initial diagnosis was a lumbar strain of the lower back, and noted that his examination revealed tenderness in the claimant's spinal region. The claimant testified that Dr. Dossey merely came into the room and looked at her, wrote her a prescription and sent her home. No physical therapy was ordered for the claimant. Dr. Dossey's notes show, and the claimant testified, that Dr. Dossey recommended physical therapy for Thomas. The claimant was released to return to light-duty work only, with restrictions on lifting and moving patients. When Thomas returned to work on the following work day, she was told that there was no light-duty work and she was sent home. Claimant was instructed not to return to work until she was 100% better.
On July 3, 1998, Dr. Dossey again examined the claimant. During this visit, the claimant complained of numbness in both legs. Dr. Dossey diagnosed lumbar strain and left SI joint strain, although he had no explanation for the numbness. He again released the claimant with restrictions on lifting and moving patients. The claimant testified that she continuously complained to Dr. Dossey of pain and a tingling numbness that he never addressed. Still, the claimant was not given any physical therapy.
During the claimant's third visit, Dr. Dossey conducted a clinical examination of Thomas and ordered radiographic studies (x-rays) of Thomas' lumbosacral spine. During this visit, claimant also complained of pain and numbness in her left leg. Dr. Dossey's reiterated his diagnosis that claimant had lumber strain and some intermittent left leg symptoms. The x-rays revealed disc space narrowing at L5-S1, facet sclerosis at the L5-S1 level, and a possible spondylolysis bilaterally at L5. The findings of the clinical examination were normal. Dr. Dossey again released the claimant with the same restrictions on lifting or carrying patients.
During claimant's fourth visit, Dr. Dossey noted complaints of bilateral numbness of both legs. However, he maintained his previous diagnosis of lumbar strain. There were no objective findings of spasm or any neurological findings. Dur
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