 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Burtell v. State Compensation Insurnace Fund3/18/2002
Tylenol," taking Tylenol Codeine from Canada when she could obtain it. (Id. at 12.) At some point between 1997 and 1999, claimant worked briefly as a waitress, and in other capacities, at Rose's Cantina in Helena. (Id. at 10.) According to claimant, she worked there for approximately two months, but "maybe 10, 15 hours a week, tops." (Id.) "Then after that, I just got tired of it because I couldn't take the pain. . . ." (Id. at 11.)
Claimant testified that she also applied to work as a room maid at the Colonial, but "when they found out I had filed a workman's comp, they would not even hire me." (Id. at 11.) She did not try other jobs. When asked what she did over the years, she answered, "Pretty much, in all honesty, rotting at home." (Id. at 12.)
Claimant again sought medical care for her back in the spring of 2000, when she experienced an increase in her symptoms. (Id. at 21, 28.) She testified that "the outsides of my legs went numb, shooting pains down my legs, leg cramps during the night, couldn't stand to stand or work; like, even go shopping, I couldn't handle it, or hold my grandbaby." (Id. at 21.)
Claimant saw Dr. B. Max Iverson on May 3, 2000. (Ex. 16 at 187.) She described an increase in symptoms over time. (Id.) Dr. Iverson ordered "an updated MRI" (id. at 187), which was done on July 5, 2000. (Ex. 13 at 180.) The MRI showed a worsening of claimant's herniated disk:
DIAGNOSIS: LARGE PROTRUDING LEFT SIDED DISC AT THE L5-S1 LEVEL WHICH HAS PROGRESSED SINCE PREVIOUS STUDY OF JUNE 1994.
COMMENT: MRI evaluation of the lumbar spine was obtained in the sagittal and axial projections. These scans were compared with previous study of June 13, 1994.
FINDINGS: There's dessication and degeneration of the intervertebral disc space at the L5-S1 level. No significant offset of the vertebral bodies. The remainder of the disc spaces are well preserved. At the L5-S1 level, there is a large central and left sided protruding disc without true disc herniation present. This does impinge however upon the thecal sac and compromises the spinal canal. This certainly has progressed since the previous study of June 13, 1994. The remainder of the disc spaces are well preserved. No additional abnormalities are evident. (Id., emphasis added.)
Dr. Iverson characterized the herniated disk as having "increased significantly since the last MRI Scan that was performed previously." (Ex. 16 at 189.)
On August 16, 2000, Dr. Iverson wrote to the insurer that claimant's "condition has progressively worsened since her MRI that was taken in February of 1991. She had a bulging disc at L5 S1 level with a possible disc herniation. It is relatively common for someone with a disc bulge to eventually progress to a disc herniation." (Ex. 21 at 230.) It was Dr. Iverson's "opinion the symptoms she has are a direct result of her December 31, 1990 injury . . . ." (Id. at 230.)
Dr. Iverson performed surgery on claimant on September 15, 2000.
Based upon the information supplied by Dr. Iverson, the State Fund reinstated claimant's TTD benefits as of September 15, 2000. (Ex. 6 at 95.) At the time of her deposition she was still receiving benefits.
Resolution
Claimant is now seeking TTD benefits retroactive to 1994. She claims she never reached MMI. I am unpersuaded. She was determined to be at MMI by Dr. Weinert in 1992. She was not a surgical candidate in 1994 and refused or failed to carry through with other forms of treatment (injections and physical therapy). As to her depression, while further treatment was authorized in April 1994, she failed to keep her appointments. An office
Page 1 2 3 4 5 6 7 8 9 10 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|