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Titus v. Sioux Valley Hospital2/26/2003
Considered on Briefs May 28, 2002
Reassigned December 16, 2002
[ .] Jill Titus appeals from a circuit court decision overruling the Department of Labor's holding that she was entitled to worker's compensation benefits. The employer, Sioux Valley Hospital (Sioux Valley), self insures its worker's compensation risk. We reverse.
FACTS
[ .] Titus began working at Sioux Valley in 1989 as a surgical technician. On August 20, 1992, while setting up for surgery, she was lifting a 44 pound piece of surgical equipment when she injured her back. Titus finished her shift but then stayed home from work for a few days to rest the injury . She reported the injury to Sioux Valley on the morning following her injury and was referred to Dr. David Hoversten, who diagnosed her with acute back strain, a diagnosis he later admitted was incorrect.
[ .] A CAT scan revealed a mild bulging of the disc at the L4-L5 and L5-S1 level. The disc was not herniated. Dr. Hoversten treated Titus conservatively. She was put on a 30-pound weight lifting restriction and was advised not to bend or twist. She was placed on drugs and began physical therapy. While these initial measures brought her some pain relief, Titus continued to experience pain.
[ .] In February 1995, Titus returned to Dr. Hoversten complaining of increased back pain. Dr. Hoversten ordered an MRI which showed a slight central disc bulge with "marked desiccation of the disc." Dr. Hoversten believed that Titus would require back surgery within six to ten years.
[ .] In 1995, Titus voluntarily left her job at Sioux Valley and began working as a surgical technician in Idaho. She held the job in Idaho from October 1995 until April 1997. Her duties were essentially the same except her work hours were shorter and the cases were usually less complicated.
[ .] In January 1997, Titus once again sought medical treatment for continuous back pain. She complained that the pain radiated to her leg and that she was unable to sit or stand without pain. She reported to the doctor that her pain was exacerbated by bending, twisting and lifting and that her back pain had worsened within the past two years. She indicated this worsening was particularly noticeable since December, 1996, a time which had been busier than normal for her. This time she saw Dr. Schneider.
[ .] After obtaining Titus' medical records, including the 1995 MRI report, Dr. Schneider ordered another MRI in March 1997. This MRI showed a central disc protrusion with moderate central spinal stenosis. The report characterized this finding as a clear progression of the disc disease. The disc was now herniated with the bulge at twice the size it had been in 1995.
[ .] Since April 1997, Titus has undergone four back surgeries. She has not worked since then. Titus now appeals the circuit court decision denying her worker's compensation benefits on the basis that she suffered an aggravation of her original back injury precluding recovery. She raises one issue on appeal: Whether Titus' current injury is a recurrence of her original work injury or an independent aggravation.
We reverse.
STANDARD OF REVIEW
[ .] We use a de novo standard of review for department findings which are based on deposition testimony and documentary evidence. Grauel v. South Dakota School of Mines and Technology, 2000 SD 145, , 619 NW2d 260, 262 (quoting Wagaman v. Sioux Falls Constr., 1998 SD 27, , 576 NW2d 237, 240).
[ .] WHETHER TITUS' CURRENT INJURY IS A RECURRENCE OF HER ORIGINAL WORK INJURY OR AN INDEPENDENT AGGRAVATION.
[ .] In a worker's compensation dis
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