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State ex rel American National Red Cross v. Smith10/25/2005
mpensation to respondent Clinton L. Smith ("claimant") and ordering the commission to find that claimant is not entitled to said compensation.
Findings of Fact
{ } 1. Claimant sustained a work-related injury on February 18, 2000 and his claim has been allowed for:
Contusion of back; cervical spondylosis and C3-4 herniated disc; adjacent cervical disc degeneration C4-5, cervical disc herniation with myelopathy C5-6, cervical foraminal spinal stenosis C5-6, cervical foraminal spinal stenosis C6-7 and pseudo arthrosis (nonunion) of fusion C6-7.
Claimant has undergone three operations and his spine has been fused from the C3 to the C7 level.
{ } 2. On September 5, 2003, claimant filed his application for PTD compensation. At the time, claimant was 47 years of age, had last worked in 2000, had completed the tenth grade and indicated that he could read and perform basic math, but that he could not write well, and indicated that his previous work history had been as an industrial power coder, landscaping and cleaning laborer, concession stand cook, punch-press operator, infantry man in the military, and mobile unit assistant.
{ } 3. In support of his application for PTD compensation, claimant submitted two reports from his treating physician Jerold P. Gurley, M.D. In his December 30, 2002 report, Dr. Gurley stated as follows:
Mr. Smith continues to undergo treatment for the clinical cervical pathology outlined above. His condition and residual signs and symptoms are permanent in character as a result of his massive cervical disc herniation at the C3-4 level. It is my opinion, that as a result of this injury , and due to the severity of his residual clinical signs and symptoms, that he may ultimately become permanently and totally disabled. As for now, he is currently undergoing an ongoing treatment for surgical therapy which was performed on October 15, 2002. At this time, Mr. Smith is specifically and unquestionably not maximally medically improved.
In his August 8, 2003 report, Dr. Gurley stated: * * * t is my opinion that Mr. Clinton's Smith is permanently and totally disabled due to his residual signs and symptoms related to the specific workers compensation injury dated February 18, 2000. * * * Mr. Smith suffers not only chronic residual pain syndrome but severe and functionally disabling residual neurological signs and symptoms resulting from his index injury and the associated spinal cord injury which was associated with this injury. His residual cervical myelopathy will, again within reasonable medical certainty, will not improve and has even been shown in the medical literature to possess potential for progression in spite of adequate surgical decompression and stabilization. This is a paramount consideration in determining the fact that his myelopathy leaves him with permanent functional limitations in the form of gait and motor disturbances and limitations as well as chronic pain.
With extensive experience in the field of management of spinal injuries in the workers compensation sector, it is my opinion, that within a reasonable degree of medical probability and certainty, Mr. Clinton's Smith has reached maximal medical improvement with severe residual and functionally disabling impairments which are permanent in character. * * *
e may experience progression of his residual neurological function. It is also my opinion that this disability arises out of work and is directly related to his index injury of February 18, 2000. It is also my opinion that a he would be unable to achieve or sustain or engage in any employment in the foreseeable future. It is my opinion that, withi
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