Amendolia, Roseanne v. Emory Valley Center, Inc.

2019 TN WC 131
CourtTennessee Court of Workers' Compensation Claims
DecidedSeptember 3, 2019
Docket2018-03-0307
StatusPublished

This text of 2019 TN WC 131 (Amendolia, Roseanne v. Emory Valley Center, Inc.) is published on Counsel Stack Legal Research, covering Tennessee Court of Workers' Compensation Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amendolia, Roseanne v. Emory Valley Center, Inc., 2019 TN WC 131 (Tenn. Super. Ct. 2019).

Opinion

FILED Sep 03, 2019 09:30 AM(ET) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS and neck on June 19, 201 7. At the time of the work incident, her earnings resulted in a workers' compensation rate of $346.78 per week.

Emory Valley provided authorized treatment for her low back with panel-selected physician Dr. Cletus McMahon. He diagnosed a left L3-4 herniated disc and a L4-L5 spinal stenosis and performed low-back surgery. Ms. Amendolia also received authorized treatment for her neck from panel-selected physician Dr. Patrick Bolt, who placed her at maximum medical improvement (MMI) on April 16, 2018.

Disputed Issues

The parties disputed the causal relationship of Ms. Amendolia's L4-L5 spinal stenosis to her work, the degree of permanent medical impairment caused by her work injury, and the extent of her permanent disability.

Hearing Testimony Prior Low-Back Complaints

Addressing the cause of Ms. Amendolia's L4-L5 spinal stenosis, the parties focused their proof in part on her prior low-back complaints. In July 2011, Ms. Amendolia traveled to visit her daughter, Jessica L'heureux. During the visit, Ms. Amendolia developed low-back muscle spasms and "sciatica." She went to the emergency room twice and treated with muscle relaxers. She testified the pain came on suddenly and resolved a few days later. She extended her visit but ultimately drove home and returned to work. Ms. L'heureux confirmed Ms. Amendolia's description of her 2011 complaints.

Ms. Amendolia denied further treatment for her low-back complaints when she returned home. 3 However, the medical proof showed she treated with Dr. Pandurang Miskin in August 2011, reporting "sudden onset of severe back pain radiating to the left lower extremity." She described the pain as "excruciating," and it continued after her return. Dr. Pandurang diagnosed lumbar radiculopathy and ordered an MRI, which showed mild-to-moderate multilevel degenerative and disc and facet changes with varying degrees of central stenosis and neural foraminal narrowing.

Work Injury, Medical Treatment, and Impairment

Turning to the work injury, Ms. Amendolia assisted cognitively- and developmentally-disabled adults. On June 19, 2017, a falling resident pulled her to the 3 Ms. Amendolia denied any prior problems with her low back, left leg, and neck in the history she provided for the 2017 treatment. In her discovery responses and deposition, she admitted that she sought treatment for her low back at an emergency room in Tennessee in 2011. During the hearing, she explained she "honestly forgot about it."

2 ground. Ms. Amendolia twisted her knee, felt a pop in her back, and had neck pain.

That same day, she went to the emergency room. A few days later, she went to a walk-in clinic. There, the provider sent her to physical therapy and referred her to specialists for her neck and low back.

In response to the referrals, Emory Valley provided Ms. Amendolia with panels. She selected Dr. McMahon for her back and Dr. Bolt for her neck.

Dr. McMahon, a board-certified orthopedic surgeon, saw Ms. Amendolia for low back and left leg pain. He reviewed a July 14, 2017 MRI, which showed a left L3-L4 herniated disc compressing on the L4 nerve root and significant L4-L5 spinal stenosis compressing the LS nerve root. He performed surgery and removed the L3-L4 herniated disc. On February 15, 2018, Dr. McMahon placed Ms. Amendolia at MMI for her low back and assigned a 23% whole-person impairment rating. He noted that she had lower- back pain radiating into her left leg and numbness in her third and fourth toe on the left side. He also recommended that she "no longer do [her] type of work."

Later, Dr. McMahon responded to a questionnaire from Ms. Amendolia's counsel. Counsel asked whether her 2017 accident "aggravated and advanced a preexisting condition, and if so, [(1)] whether the accident contributed more than 50 percent in causing the aggravation, and (2) whether the work accident was the cause of the aggravation more likely than not, considering all causes." He answered "yes," stating "it 'aggravated the spinal stenosis and caused the HNP,' herniated disc."

Dr. McMahon also addressed Ms. Amendolia's 2011 low-back complaints. He testified, "[S]he told me she had no prior problems." Before his deposition, Dr. McMahon reviewed the 2011 medical records and compared the 2011 and 2017 MRis. When asked about the 2011 complaints of low-back pain radiating into her leg, Dr. McMahon stated the only significance was the indication that Ms. Amendolia experienced sciatica in the left leg. However, he confirmed that she was able to continue working with her 2011 low-back complaints, but she was unable to work with her 2017 symptoms. Dr. McMahon testified that he did not see any difference between the two MRis. Specifically, he saw no difference in the severity on the left L4-L5 neural foraminal narrowing, but he acknowledged "varying, different ways to interpret [the MRI]." (Emphasis added).

Dr. McMahon ultimately concluded Ms. Amendolia's 2017 work accident caused the L3-L4 herniated disc and aggravated her L4-L5 spinal stenosis. He testified the new knowledge of Ms. Amendolia's 2011 back complaints did not affect his causation opinion. He said that her history "just [tells] me she had some prior back pain, but she was working evidently in the six years prior to me seeing her until she had this injury."

3 He assigned a 23% permanent whole-person impairment using the sixth edition of the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides). He explained:

Again, as you know, these are just simply guidelines to give us an idea, and I felt best (sic) upon the Table 17-4 on page 570 of the sixth edition that she had a 23 percent permanent physical impairment to the body as a whole based upon the findings on the page, primarily under Class 3. Primarily a herniated disc and documented residual radiculopathy, which she has. And it rates that as anywhere from 15 to 23, and I gave her 23 percent.

(Emphasis added.)

Dr. McMahon stated that he considered both the L3-L4 herniated disc and the L4- L5 spinal stenosis when arriving at the impairment rating, explaining, "I primarily combined them. I think the max was 23 percent." On cross-examination, he admitted that he did not use the Pain Disability Questionnaire or the Clinical Studies Adjustment sections in the AMA Guides.

He recommended permanent restrictions of no lifting over ten pounds. He signed the Physician Certification Form, finding that "due to permanent restrictions on activity [she] has suffered as a result of the injury[,] [Ms. Amendolia] no longer has the ability to perform [her] pre-injury occupation." He confirmed that while Ms. Amendolia cannot perform her pre-injury occupation, she can perform other jobs within her restrictions.

Dr. Bolt, a board-certified orthopedic surgeon, saw Ms. Amendolia for neck pain and headaches. He diagnosed work-related neck sprain/strain and non-work-related cervical spondylosis, which he described as arthritis and/or degenerative changes of the cervical spine. He treated her conservatively with physical therapy, anti-inflammatory medication, and injections. He confirmed the neck MRI showed no acute injury and that the injections were placed at the levels where she had cervical spondylosis. However, he reiterated that Ms. Amendolia "sustained a cervical sprain/strain, and also to some extent aggravated her cervical spondylosis." He maintained that the need for injections was due to the work injury.

Dr. Bolt placed Ms. Amendolia at MMI on April 16, 2018. Using the AMA Guides, Dr. Bolt assigned a 2% permanent whole-person impairment.

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Cite This Page — Counsel Stack

Bluebook (online)
2019 TN WC 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendolia-roseanne-v-emory-valley-center-inc-tennworkcompcl-2019.