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Davis v. Douglas County Dep't of Corrections3/1/2005
(not designated for permanent publication)
INTRODUCTION
Regina E. Davis appeals from an order of the review panel of the Nebraska Workers' Compensation Court affirming the trial court's award, which allowed Davis certain benefits for a low-back injury, but found that she did not suffer any permanent impairment and that she did not sustain an injury to her right hip or right groin as a result of the work accident. For the reasons set forth below, we affirm.
BACKGROUND
On July 5, 2000, Davis was employed by the Douglas County Department of Corrections (the Department) as a corrections officer and, while engaged in the duties of her employment, was injured as a result of an accident arising out of and in the course of her employment. On that date, she was helping break up an altercation between two inmates and, in the process, was pushed against a door, hitting the door handle with her lower back.
Following the accident, Davis was referred to the Department's managed care plan and was treated by Dr. James Horrocks, who diagnosed Davis with a low-back, or lumbar, strain. Davis also reported a bilateral tingling sensation in her thighs. Horrocks took Davis off work and referred her to Excel Physical Therapy, where she underwent a course of physical therapy from July 6 to 24, 2000. Horrocks also ordered an MRI and referred Davis to Dr. Stephen Doran. Doran's August 8 report states that his impression was " umbar strain, acute, with low back pain and bilateral leg pain." Doran was optimistic that with continued conservative care, Davis' lumbar strain would improve.
Davis had epidural steroid injections on August 23 and September 7 and 27, 2000. In addition to the injections, Davis underwent a second course of physical therapy at Excel Physical Therapy from August 22 to October 16, 2000. The physical therapist's notes indicate that at the time, Davis had low-back pain and bilateral, lower extremity radiculopathy. Horrocks then referred Davis to Excel Work Performance Center for a "work hardening" program, which she participated in from October 23, 2000, to January 24, 2001. When Davis started the program, she reported pain in her lower back and in her posterior left leg.
Davis saw Dr. William Smith, an orthopedic surgeon, on November 7, 2000, with complaints of low-back pain and buttock pain on the right side. His impression was " umbar strain, possible unstable lumbar disk." Smith thought this strain would resolve with time, but Davis was to return in 6 months if the pain had not gone away.
On January 24, 2001, Horrocks wrote that Davis' back strain had resolved, that her left hamstring strain had nearly resolved, and that Davis was to return to work. Davis returned to her employment with the Department and continued in that employment to the date of trial. On February 15, Horrocks ordered additional physical therapy to treat Davis' right hip pain and left posterior thigh pain. The physical therapy ended on March 6.
Davis returned to Horrocks on September 24, 2001, complaining of posterior leg pain at and below the knees, which pain Davis described as cramps. Horrocks' notes indicate that Davis thought her leg cramps were coming from her back problem. His notes indicate that he performed an examination and specifically state that Davis' "hip and knee mobility were normal and did not cause pain." Horrocks stated that he could not relate Davis' current complaints to the workplace.
Davis returned to Smith on October 12, 2001, with complaints of periodic back pain and aching discomfort. Davis reported more discomfort with the radicular pain in her left leg, than she did with that in the rig
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