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Farmer v. Adkins Painting Co.3/22/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Forrest Farmer appeals a decision of the Workers' Compensation Commission that denied him additional benefits for a compensable injury to his back sustained on April 13, 1998. His points on appeal are: whether the administrative law judge was premature in ruling that the claimant was not entitled to temporary total disability benefits, and whether the claimant met his burden of proof for additional benefits. We affirm the denial of benefits.
When he was injured Farmer was standing on a short ladder that shifted. Farmer said he did not fall or strike his back on anything; he just stepped down. He testified, "I took a couple of quick steps off it, and immediately when my feet touched the ground I had some pain in my back." Farmer's injury was diagnosed as a lumbar strain, he was treated conservatively, and, because no light-duty work was available with his employer, he was relieved from working by his doctor. Farmer testified that he called his employer in September about returning to work, but no one called him back.
At the time of the workers' compensation hearing, Farmer said he was working for another employer at reduced wages. He claimed he was entitled to additional compensation because he still had pain in his lower back and difficulty reaching overhead. Farmer also said he had unpaid medical bills.
Dr. Richard S. Kyle, a neurosurgeon, examined Farmer on May 13, 1998, and diagnosed "back pain, most likely musculoskeletal in nature," and "no radicular complaints." He released Farmer to return to work with "no work on a ladder and no lifting more than 1 gallon bucket of paint at a time."
Dr. Gary L. Kellett, also a neurosurgeon, first saw Farmer on July 2, 1998. At that time he reviewed an MRI that Farmer had brought with him that showed a slight bulging of the L4 disc. Dr. Kellett reported that Farmer's symptomatology and examination findings suggested a lumbosacral strain, and he ordered an epidural steroid block. On July 30, Dr. Kellett reported that Farmer had a small insignificant bulge, but no objective neurological reason why he could not return to work. He ordered physical therapy daily for two weeks with ultrasound, massage and exercise, and released Farmer to return to work on full duty with no restrictions. He also gave Farmer a zero permanent partial physical impairment rating.
Dr. Phillip E. Green, of the Mid-South Pain and Anesthesia Clinic of Memphis, performed steroid lumbar epidural injections on Farmer on July 20 and August 14. Between April 13, 1998, and July 1, 1998, Farmer was also receiving treatment almost daily from Dr. Michael W. Jarman, a chiropractor. Furthermore, Farmer failed to tell any of his doctors about a back injury he sustained in 1992.
On September 10, 1998, Farmer returned to see Dr. Kellett, who reported that:
IN SUMMARY: I have had a long discussion with the patient, explaining that I am unable to find an objective reason for his pain and that ordinarily a lumbosacral strain which is a diagnosis of elimination here should have improved over this period of time. For that reason, I think he has to accept the fact that he is going to have some pain but he should try to return to work. I think that he will have some pain working but have recommended that he stay with his exercises and take some anti-inflammatories if he has some pain with his work but he should simply try to live with it and gradually resume activity as he can tolerate. There is no further neurosurgical treatment indicated and he will not need to return.
With this evidence to consider, the administrative law judge held that Farmer had
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