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Boyd v. Brookshire Grocery Co.4/13/2005
NOT DESIGNATED FOR PUBLICATION
This is a workers' compensation case. The Commission found that Tanya Boyd had not proven that (1) she was entitled to the 16% anatomical impairment rating given by the administrative law judge and reduced her rating to 10%; (2) she was entitled to the 60% wage-loss disability rating given by the administrative law judge and reduced the wage-loss rating to 30%; (3) her treatment from Dr. Anthony Russell was reasonably necessary; and (4) she was entitled to total temporary disability benefits through October 22, 2002, and instead the Commission ordered appellees to pay benefits through September 25, 2000. Boyd argues that the Commission's decision is not supported by substantial evidence. We affirm.
At the time of the hearing, Boyd was thirty-eight years old. She has a high school education and completed two years of college. She sustained two admittedly compensable low-back injuries in 1991 and 1993, for which to was assigned 10% and 5% impairment ratings to the whole body. Although Boyd had undergone two surgeries for the 1991 and 1993 injuries, she stated that the procedures had not corrected her problems. She admitted that she complained of low-back pain, pain to her left leg and thigh, and numbness in her right leg due to her 1991 and 1993 injuries throughout her treatment with Dr. Ted Saer from 1991 through 1998. Boyd was also diagnosed with disc degeneration in 1995. Boyd alleged that she had sustained another low-back injury on February 9, 1999, after attempting to pick up a ten-pound meat tray from a rack near the floor. She stated that, following her attempt, she felt pain in her back and left leg. Brookshire accepted the injury and paid Boyd temporary compensation benefits and also paid her medical bills. Boyd underwent disc-fusion surgery for this injury on October 4, 1999. She was subsequently referred to Dr. Yeshwant Reddy for pain management in February 2000.
Throughout her treatment with Dr. Reddy, Boyd indicated that she was unable to bend forward or backward and that she could not bend to the side. She indicated that when she bent forward, she experienced "unbearable" pain and described this pain as a ten on a scale from one to ten. She also told Dr. Reddy that she was unable to perform any activities, and that, after Dr. Reddy suggested that she participate in aqua physical therapy-the easiest form of physical therapy-she underwent therapy but stated that it "hurt real bad." On one occasion, Boyd began crying at Dr. Reddy's office because she had to sit for fifteen minutes. Boyd had explained to Dr. Reddy that, because of her intense pain, she was only able to sit or stand for a maximum of twenty minutes, walk for ten minutes, and lift three pounds. Boyd indicated that she experienced pain with even the slightest movement, including shifting her hips in bed.
On September 26, 2000, Boyd reported to her fifth visit with Dr. Reddy, who discharged her from his care. During the visit, Dr. Reddy explained that he had been sent a surveillance video showing Boyd performing various tasks. Dr. Reddy opined that he had done all that he could do for Boyd, assigned her a 10% impairment rating, and discontinued his treatment of her.
During the hearing, Boyd acknowledged that she had been seen on video surveillance tapes bending, picking up, and lifting. The videotape showed Boyd driving a boat, reaching to the ground and picking up items from the ground, carrying an ice chest in one hand, which Boyd maintained was empty, walking, sitting on the ground, crossing her legs, bending over to pick up a dog, washing her SUV, and loading and unloading camping equipment from her SUV. She stated, however, that during that time,
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