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Byrum v. Dakota Wellness Foundation11/20/2002
[ ] Gala Byrum (Byrum) filed a petition for workers' compensation benefits with the South Dakota Department of Labor (Department) seeking an award of permanent partial disability. After a hearing, Byrum's relief was granted. Byrum's employer, Dakota Wellness Foundation, and employer's insurer, State Farm Insurance Company, appealed and the circuit court reversed the Department's Order. Byrum appeals the circuit court's reversal. We affirm.
FACTS
[ ] For the past fourteen years Byrum has suffered from chronic back pain. In 1988 she was involved in an automobile accident in California which caused her first back injury. In 1994 Byrum sustained injuries to her back after being thrown from, and subsequently hit by, a ski lift chair she was riding. She received substantial medical treatment for this injury. Byrum's medical records during this period of time suggest she suffered pain in both her low and high back and she also began experiencing neck pain.
[ ] In 1994 Byrum took a position as the Executive Director of the Dakota Wellness Foundation. As part of her job duties Byrum is required to travel extensively in promoting wellness across the state of South Dakota. She typically drives 50,000-60,000 work-related miles a year. In September 1996 Byrum experienced pain and tightness in her lower back while traveling for Dakota Wellness. Byrum filed a first report of injury which her insurer accepted as compensable. (fn1) Prior to this third injury Byrum had already accumulated over thirty chiropractic visits to treat her back.
[ ] After sustaining this third back injury Byrum sought treatment from Dr. Fogel of Gregory, South Dakota. Byrum stated she was still experiencing back pain from the ski accident when she began treating for the 1996 injury. Like her previous injuries, Byrum testified the pain from this new injury was in the same region of the back.
[ ] Byrum remained under the care of Dr. Fogel until August 1997. At this time, Dr. Fogel released Byrum after concluding she had reached maximum medical improvement. Thereafter, Byrum's insurer determined the physician directed course of treatment had been followed, and that closing her workers' compensation file was appropriate. Nonetheless, Byrum continued to experience low back pain after her treatment with Dr. Fogel terminated.
[ ] In September 1997 a fourth separate and distinct back injury occurred when Byrum experienced what she describes as the onset of sciatic nerve pain. This new pain was accompanied by low back pain, pain in her leg, high back and neck pain. Byrum sought surgical treatment from Dr. Suga in Sioux Falls. In January 1998 Byrum underwent surgery that relieved some, but not all, symptoms of her back pain. She remained under Dr. Suga's care until June 1998. Byrum continued performing her duties for Dakota Wellness during this time.
[ ] After being released from Dr. Suga's care Byrum next sought treatment with Dr. Cho, a physiatrist in Sioux Falls. During this time, Byrum acknowledged she was symptomatic for the same lower back complaints that had lingered for several years and also experienced a renewal of pain in her neck, upper back and head. Byrum's response to treatment was minimal. In June 1999 Dr. Cho determined Byrum had reached maximum medical improvement. Still, Byrum's pain persisted.
[ ] Claiming that her back pain was derivative of her 1996 occupational injury, Byrum again sought workers' compensation. A hearing with the Department was held. Relying primarily on the deposition testimony of Dr. Cho, the Department determined Byrum's suffering was a result of her 1996 accident and awarded her permanent partial disability. Dakota We
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