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St. Edward's Mercy Medical Center v. Stoner3/15/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
St. Edward's Mercy Medical Center and its insurer, Sisters of Mercy Health System, appeal a decision of the Workers' Compensation Commission that awarded benefits to Karla Stoner, appellee, who worked as an RN in St. Edward's operating room. The Commission's decision adopted and affirmed the opinion of the administrative law judge, including all findings of fact and conclusions of law. The decision found that appellee had suffered a compensable back injury arising out of and in the course of her employment on February 3, 1998; that appellants were liable for all reasonable and necessary medical treatment in connection with the injury, including surgery by Dr. Michael J. Standefer; and that appellee was entitled to temporary total disability benefits for two periods of time. Appellants contend that the Commission erred in finding that they should pay 1) for temporary total disability benefits from February 3, 1998, through March 3, 1998; and 2) for temporary total disability benefits from June 10, 1998, through a date yet to be determined, as well as expenses related to appellee's back surgery. Appellee responds that there is substantial evidence to support the awards for temporary total disability benefits as well as expenses related to the surgery. We agree with appellee and affirm.
Liability for temporary total disability from February 3, 1998, through March 3, 1998
Temporary total disability is that period within the healing period in which a claimant suffers a total incapacity to earn wages. Georgia-Pacific Corp. v. Carter, 62 Ark. App. 162, 969 S.W.2d 677 (1998). The healing period is that period for healing of an injury which continues until the claimant is as far restored as the permanent character of the injury will permit. Id.
Appellants argue that the "proof in this case established that appellee's complaints of back pain were not caused by the minor incident of February 3, 1998, but were instead caused by a pre-existing degenerative condition at L4-5, as well as the exercise program which appellee had begun in the preceding months." Appellants note that in 1991 appellee presented to Dr. Charles Craft with low back pain five days after she bent over to make her bed and sudden back pain radiated to her right leg; that appellee had soreness in her back from recent use of a treadmill and exercise bicycle before February 3, 1998; that Dr. Joseph W. Queeney told appellee that he did not think that hers was a workers' compensation case because she had been doing exercises prior to the injury ; and that Dr. Queeney opined that a loss of water content within a disc, such as that shown by an MRI of appellant's back the week after the February incident, would not usually occur within a period of just a few days. The Commission's decision acknowledged that appellee had sought medical treatment for low back pain in 1991, had indicated to her treating physician that she had experienced some back pain as early as 1988, and had indicated to emergency room personnel and to Dr. Queeney that her exercise on a treadmill and a stationary bike had caused muscle soreness. The decision, adopted from the decision of the ALJ, went on to say:
t appears that both of those [1991 and 1988] conditions resolved with no evidence that claimant has sought any additional medical treatment for her back since 1991 . . . .
In this particular case, I find the claimant's testimony to be credible that she suffered only a muscle soreness prior to the incident on February 3, 1998. It was only after this incident that the claimant needed help from another individual and needed medical treatment from the hospital emerg
Page 1 2 3 4 Arkansas Personal Injury Attorneys
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