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Wilson v. Ace American Insurance Group6/7/2002
ests were negative, thus indicating that the pain was not radicular. (Ex. 11-8.)
Then, on July 16, 1994, she suffered an industrial injury when she fell on her face at work. (Ex. 32.) She experienced neck and right shoulder pain, as well as tenderness and pain along her entire spine down to her tailbone. (Ex. 11-10.) X-rays taken at the time disclosed degenerative changes in the lumbar area with narrowing of the disk spaces at L3 through L5, with degenerative spondilolysthesis and virtually no disk space at L3-L4. (Exs. 11-10, 24, and 25.)
Claimant did not recall the 1994 injury but the explanation for her lack of memory is more probably than not due to the extreme depression she suffered at that time. (Ex. 11-9 to 11-14.) She was being actively treated for the depression and in March 1995 her depression had progressed to point that she required hospitalization. (Exs. 11-14, 11-15, 36.)
In any event, by October 1994 her low-back pain and radiating symptoms had resolved. (Exs. 11-12 to 11-26.) On February 28, 1995, she was certified as having reached maximum medical improvement (MMI) and as having returned to her pre-July 1994 injury status. (Ex. 5). For several years thereafter, there is no mention of low-back complaints. As late as June 5, 1998, an annual physical examination indicated that claimant did not have back tenderness. (Ex. 11-26.)
Petitioner worked at Town Pump from April 1995 to March 10, 1999, without physical limitations. Her work included stocking shelves and lifting cases of oil and boxes of beer weighing 25 to 30 pounds, as well as acting as a cashier.
On March 9, 1999, claimant tripped. She caught herself and did not fall, but she was thrown backwards and twisted her torso. (Hayward Dep. at 6.) The episode triggered "pain in her neck and right shoulder as well as some lower back pain radiating into the upper part of her right leg." (Ex. 1-1.)
At the time of the accident, Town Pump was insured by Ace. Ace accepted liability for the injury.
Claimant saw Bruce Hayward, a D.O. in general practice, on March 10, 1999. (Id.) He examined claimant, finding muscle spasm in the cervical area, right upper trapezius and right lumbar area. (Id.) He diagnosed, "Cervical and lumbar strain and right shoulder strain." (Id.)
Claimant's predominant problem for some time thereafter was her right shoulder. Dr. Hayward initially prescribed physical therapy for the shoulder (Ex. 37), then referred claimant to Dr. John Campbell, an orthopedic surgeon concentrating in shoulder and knee injuries. Dr. Campbell saw her on May 20, 1999, and found that she had "some [shoulder] impingement symptoms." (Ex. 14-2.) He operated on the shoulder on September 14, 1999.
Following claimant's shoulder surgery, she developed symptoms of Reciprocal Sympathetic Dystrophy (RSD), which Dr. Campbell described as including "changes in temperature of the skin, discoloration of the extremities, hypersensitivity of the skin, pain with stimulation such as even with bright light, a loud noise." (Campbell Dep. at 12.) He referred claimant to Dr. Duane V. Mohr.
Dr. Mohr first examined claimant on November 2, 1999. Her symptoms at that time were
burning pain around her shoulder . . . [which] radiated down her right arm on the lateral surface and even into the forearm and hand, at times. Also, there is extreme sensitivity to light touch, which developed in the same area. (Ex. 3-1.)
Dr. Mohr performed a diagnostic stellate block and concluded, " here is no question that she has reflex sympathetic dystrophy." (Id.) Dr. Mohr treated claimant until January 13, 2000, with furth
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