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Wilson v. Ace American Insurance Group6/7/2002
28, 2000. (Ex. 17.) He rated her impairment for cervical spine and shoulder at 15% of the whole person. (Ex. 17-3.) He agreed with Lusin's FCE. He agreed that claimant could return to work in a light to medium job and specifically approved the three Town Pump positions as manager, assistant manager, and cashier/bookkeeper. (Ex. 17-4.) He did not rate or evaluate her low back. (Ex. 17.)
On September 6, 2000, based on the MMI and impairment findings, Ace terminated claimant's temporary total disability benefits and began paying her a 15% impairment award.
Meanwhile, claimant had begun experiencing right knee symptoms. On July 14, 2000, Dr. Hayward noted that claimant "has been having trouble with her right knee since Feb" and that her knee had been getting "progressively worse." (Ex. 1-12.) He described claimant's knee symptoms as follows:
It feels as if her knee is congested and full. She also has a numbness in a stocking fashion from about 4" above the knee to 4" below the knee. She feels as if the knee will give out on her and occasionally it has given out. She also has some hypesthesias around the knee. It seems that the pain comes from her back down into her knee. . . . (Id., emphasis added.)
Medical records of back problems from the time of the claimant's March 1999 injury and Dr. Hayward's July 14, 2000 examination, showed that claimant's back complaints during that time were spotty.
A month after her 1999 industrial injury , in an April 9, 1999 physical therapy evaluation, the therapist reported claimant's major complaint involved her right shoulder but went on to describe her low-back complaints as follows:
Kathy's low back, she reports as a stiff constant/occasional ache with what she calls leg pain which comes and spirals in the front of her leg. She does report subjectively that she has a tipped vertebrae forward, which was diagnosed by a physician in Billings. Her leg pain is what she reports as a spiraling which goes from her back across the front of her thigh down the inside of her leg. She calls it a hot or cold like water going down her leg. The right hip joint which she was complaining about caused discomfort with lifting her right leg. She says this is like an ache-like discomfort with activity. (Ex. 37.)
On May 10, 1999, Dr. Hayward reported that although claimant was having continuing right shoulder and neck complaints, " he rest of her back feels quite well." (Ex. 26.)
Subsequent physical therapy notes indicate that claimant continued to experience low-back complaints. Sometime between May 10 and June14, 1999, the therapist noted "chronic body ache" and questioned whether there might be some "systemic component." (Ex. 38-2.) On June 14, 1999, the therapist noted possible fibromyalgia. (Ex. 38-10.)
On October 12, 1999, Dr. Bischoff, one of the Madison County Valley Clinic physicians treating claimant over the years, noted that claimant denied low-back pain but was complaining that the "toes on her left foot have been turning blue and feeling numb." (Ex. 1-7.)
On October 14, 1999, the therapist noted that claimant was complaining of low-back soreness. (Ex. 38-14.)
During the FCE on May 25 and 26, 2000, claimant gave a history of "back pain" and "right leg pain fairly consistently. She reports her knee swells and gets sore and gives out and will become stiff. Reports of cramping in her feet consistently." (Ex. 13-1.)
On July 14, 2000, Dr. Hayward ordered an EMG to determine if claimant's knee complaints were back related. (Ex. 1-12.) An EMG and nerve conduction study was subsequently performed. The study showed "lumb
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