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State Office of Risk Management v. Escalante2/17/2005
This is a workers' compensation case arising out of a vehicle accident involving Hector Escalante. After exhausting his administrative remedies in the Texas Workers' Compensation Commission (TWCC), Escalante appealed the adverse determination in district court. The jury found in favor of Escalante on three of four issues, and the trial court entered judgment reversing in part the determination of the TWCC. The State Office of Risk Management (SORM) appeals. Finding no error, we affirm.
FACTUAL SUMMARY
On August 9, 2000, Escalante was leaving a work-related awards ceremony on his way to a job site when he was involved in a motor vehicle accident. He was struck by a truck as he drove out of the parking lot. The truck dragged his car some forty feet into the street, spun him around, and tore off the front of the car. Escalante refused medical attention at the scene and was later taken back to work by a co-worker. Admittedly, he had no bruises, scratches, or bleeding.
After the accident, Escalante complained of having unrelenting headaches and pain in his neck, shoulder, ankle, and back. He also complained of blurred vision but he did not receive medical attention until August 16 when he visited Dr. Michael Boone with whom he already had a follow-up visit for a previous injury. Escalante notified the doctor of his new injury and reported his symptoms.
Dr. Boone ordered x-rays and an MRI of the spine. The MRI results revealed that Escalante had a herniated bulge from disks protruding at two levels in his neck and spine. Escalante was sent for an evaluation of his neck in October 2000. He was referred to physical therapy due to a diagnosis of lumbar radiculopathy and cervical neuropathy. Escalante also received electronic differential stimulation and epidural injections for pain in his neck and lower back. Dr. Boone diagnosed him as having cervical and lumbosacral root lesions and utilized the cervical epidurals to relieve pain. Escalante returned to work in mid-December 2000. His medical restrictions included no bending, stooping, crawling, or lifting more than twenty pounds. He returned to the same position he held before the accident but was working the help desk. Escalante continued working until February 22, 2001 when his employer sent him home because he could not perform the essential physical job functions for his position. He was offered a demotion by the department for less pay. At this time, Escalante was still receiving therapy for his neck, back, and leg. He was ultimately dismissed from his job on March 29, 2002.
By the time of trial, Escalante had deteriorating vision in his right eye, headaches, numbness and weakness in his arms, and pain in his neck and back. He had never received treatment for a neck condition before the auto accident nor had he suffered from blurred vision. He admitted previous problems with his back, including a herniated disk in his lower back and sciatica pain in 1988-1989. He also had lateral laminectomy surgery in 1991, but had received no treatment for back problems between this surgery and the lifting injury in May 1999.
Escalante filed a workers' compensation claim. He began receiving benefits for the lifting injury in March 2001. He was told that since he could not receive benefits on two claims at once, he would be paid on his old injury until he reached maximum medical improvement, and then he would be paid for his new injury. Escalante stopped receiving payments for his old injury but payments for his new injury never began.
A contested case hearing was held on April 22, 2002. The hearing officer determined that Escalante's compensable injury did not include recovery for inj
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