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Martinez v. Millard Processing Services and Sentry Claims Service2/18/2003
trictions on her."
In a progress note dated January 18, 1999, R. Michael Mendlick, an orthopedic surgeon, noted that a June 7, 1997, MRI on the plaintiff's left knee was negative. In a progress note dated February 3, 1999, Mendlick characterized the plaintiff's complaints of shoulder pain as "somatic" and "apparently . . . no worse than it has been." Mendlick noted that an MRI of the plaintiff's shoulder revealed "some outlet stenosis and mild degeneration of the acromioclavicular joint, but no tears of the rotator cuff . . . something that probably has occurred over a period of time, not just with one episode of injury ." Mendlick reviewed additional MRI's and x rays and concluded that "there is no evidence of a surgically repairable lesion in the knee or the lumbar spine."
John D. Kuhnlein, a specialist in occupational and environmental medicine, wrote a letter to Rachelle Miller of Millard Refrigerated Services, dated February 21, 2001. Upon Millard Processing's offer, the letter was admitted into evidence. In the letter, Kuhnlein asserted that the plaintiff could return to work as a scaler and stated, "If possible, I would suggest a footrest be provided for her use while standing, and a higher stool with a backrest for her to sit on . . . ." Kuhnlein also stated that the plaintiff could perform the arranger position with the same modifications. Kuhnlein noted, "Obviously any changes must be consistent with the requirements for Millard's safety program, and also must be acceptable under any pertinent OSHA or USDA standards."
In another letter to Miller, dated March 25, 2001, Kuhnlein stated that using a stool would not be in compliance with OSHA standards; however, the plaintiff could perform the scaler position without a stool " s long as would be able to stretch on an occasional basis."
Altic, a safety manager for Millard Processing, testified that scaler and arranger are jobs on the production line, not modified-duty or light-duty jobs. A scaler manually adds or subtracts slices from drafts of bacon until the proper weight is reached. A scaler would lift no more than 2 pounds. An arranger arranges the properly weighed bacon on a white card to ensure a favorable presentation of the product once it is wrapped and shipped to the store. Neither job requires the employee to turn or twist, and the work is usually performed at waist level, depending on the size of the employee. For both positions, employees must stand and cannot alternate standing and sitting because a stool or chair would obstruct the route of egress for emergency exit. Altic testified at trial that the positions of scaler and arranger were available.
Upon agreement of the parties, rehabilitation consultant Tori Stratman conducted an evaluation dated November 20, 2000. Stratman reviewed the plaintiff's treatment history and job skills and stated that she would consider the restrictions outlined by Kuhnlein in formulating vocational rehabilitation recommendations.
Stratman wrote a letter dated March 16, 2001, to the plaintiff's attorney, which letter stated:
According to . . . Kuhnlein, . . . Martinez would be capable of performing the Scaler position and could also perform the Arranger job with additional accommodations. Based upon this information, . . . Martinez would be able to return to work at [Millard Processing] and would not be a candidate for vocational rehabilitation services.
The May 30, 2001, report of James T. Rogers, a certified professional counselor, summarized Rogers' interview with the plaintiff, reviewed her medical records and employment history, and contained a job analysis. Rogers concluded that the plaintiff was "totally d
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