Burnette v. City of Greenville

737 S.E.2d 200, 401 S.C. 417, 2012 S.C. App. LEXIS 362
CourtCourt of Appeals of South Carolina
DecidedDecember 5, 2012
DocketAppellate Case No. 2011-198006; No. 5059
StatusPublished
Cited by20 cases

This text of 737 S.E.2d 200 (Burnette v. City of Greenville) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burnette v. City of Greenville, 737 S.E.2d 200, 401 S.C. 417, 2012 S.C. App. LEXIS 362 (S.C. Ct. App. 2012).

Opinion

CURETON, A.J.

Kellie N. Burnette appeals the circuit court’s order affirming the decision of the Workers’ Compensation Commission (Commission). Burnette argues the circuit court erred in affirming because the evidence in the record does not support the Commission’s findings that (1) Burnette did not injure her lower back in her June 2007 incident, (2) Burnette is not [420]*420permanently and totally disabled, and (3) Burnette’s testimony was not credible. We reverse as to the June 2007 injury to Burnette’s lower back, remand to the Commission for the entry of findings of fact concerning the lumbar injury and Burnette’s disability rating, and decline to address the issue of credibility.

FACTS

I. First Injury and 2004 MRI

After becoming a police officer for the City of Greenville (City1) in 2001, Burnette suffered two work-related injuries. On August 23, 2003, she was driving a patrol car when a fleeing suspect in a stolen car collided with the driver’s side in a “t-bone” accident. Burnette suffered a broken nose and injuries down her left side to her ankle, including her neck and lower back. In addition to surgery to repair her nose, Burnette received two months of physical therapy but continued experiencing chronic lower back pain. After the incident, she experienced continuing pain localized to her mid- and lower back. Although she was rated as having a 17.5% disability to her back, Burnette returned to work to full duty.

On June 21, 2004, Burnette began seeing Dr. Kopera for pain management. Dr. Kopera reviewed an MRI taken May II, 2004, which he deemed normal. On August 19, 2004, Dr. Kopera determined Burnette had reached maximum medical improvement (MMI) but had a 5% permanent impairment to her lumbar spine. He noted Burnette presented with lower back pain but “no radicular symptoms,” rated her pain at a 7 out of 10, and displayed excellent range of motion at the waist. During the course of treating Burnette, Dr. Kopera found chronic pain or tenderness in the lumbar region that by 2006 had moved to the thoracic region. He believed the pain was largely myofascial in nature. In April 2006, Dr. Kopera prescribed physical therapy for Burnette, which helped. She continued seeing Dr. Kopera until 2007, when he closed his practice and referred her to Dr. Satterthwaite.

During the summer of 2005, Burnette also saw Dr. Schwartz for pain management. Dr. Schwartz noted she presented with [421]*421pain in her lower back, neck, interscapular area, and thoracolumbar region. He supplemented Burnette’s oral pain medications with injections. On August 23, 2005, Dr. Schwartz opined Burnette had reached MMI from her 2003 injuries but had a permanent spinal impairment of 13%, which consisted of an 8% lumbar impairment and a 5% cervical impairment.

II. Second Injury and Medical Retirement

On June 16, 2007, Burnette attempted to wrestle a suspect out of a car while her partner unsuccessfully tried to tase the suspect. With Burnette partially inside the vehicle, the suspect drove forward. First dragged by the car and then thrown from it, Burnette landed against a curb and felt a shock in her neck, head, and lower back. Burnette began missing work and was placed on light duty. Ten months later, on April 17, 2008, the South Carolina Retirement System placed Burnette on disability retirement from the police force with a recommendation that she be examined again in three years.

On August 28, 2007, Burnette began seeing Dr. Satterthwaite and his staff. She reported pain in the thoracic and lumbar regions that started after the 2003 car wreck. The treatment notes from Burnette’s first visit indicate Dr. Hutcheson of that office reviewed her 2004 MRI and recorded seeing minimal disk bulges without stenosis at L4-5 and L5-Sl. In early September 2007, Burnette reported neck and lower back pain she rated at 9 out of 10. Two weeks later, she rated the pain at 8. Dr. Satterthwaite noted Burnette had suffered “an injury in June where she hurt her neck” and that the “[cjurrent increased neck pain seem[ed] to have been [aggravated] by an injury in June when she was jerked by a car trying to leave the scene.”

In October 2007, Dr. Satterthwaite examined Burnette with an eye toward making recommendations to the City’s workers’ compensation insurance administrator. At that time, Burnette rated her pain at 6 out of 10 but noted the pain increased when she sat or stood for long periods or entered or exited a car. In response to his question whether she might apply for a secretarial job, Burnette told Dr. Satterthwaite she was “not interested in a desk job but [did] state that she ha[d] [422]*422applied for [a] teaching position, which would not require her to wear the vest and belt and [would] allow her to change positions frequently from standing to sitting.” Noting the workers’ compensation adjuster had asked him to define work restrictions for Burnette, Dr. Satterthwaite stated:

She is currently working unrestricted. She does not want significant restrictions that would place her at a desk job or remove her from her job completely. She does feel that she would benefit from limitations to standing and sitting to one hour at a time without rest breaks. She was on her feet working last weekend for several hours, and that was quite uncomfortable to both her neck and back.
She has applied for [a] teaching position, which sounds ideal for her. I would strongly recommend that she be seriously considered for that position as I think she is a dedicated officer and wishes to continue working in law enforcement. It would also be good to get her out of the patrol car so that she does not have to use it for long periods with poor back support and get in and out of the vehicle. The belt and vest are quite heavy and do alter her posture with sitting and standing, increasing problems with her spinal alignment and the potential for increasing her neck and back pain.

III. 2008 MRI and Neck Surgery

Burnette did not get the teaching job, but her pain rating remained relatively stable at 7 out of 10 until February 2008, when it reached 8. In January 2008, Burnette underwent an MRI of her lumbar spine, which showed a minimal central disk protrusion without stenosis or impingement at L5-S1. A few days later, Dr. Satterthwaite’s nurse practitioner noted Burnette had a herniated disk at L5-S 1 and lumbar radiculopathy. In March 2008, rating her pain with medication at 5 out of 10, Burnette was experiencing spasms in her back. Dr. Satterthwaite’s nurse practitioner referred her to physical therapy, noted they were “still awaiting approval for treatment of [the] neck,” and indicated Burnette needed a sedentary job because she was unable to continue in her present position. A series of epidural steroid injections followed from March through September 2008. On September 15, 2008, Dr. Satterthwaite noted Burnette was suffering from increased back and leg pain. Despite receiving a pain injection two [423]*423weeks earlier, on October 1, 2008, Burnette rated her pain at 9.

On October 27, 2008, Dr. Bucci performed a cervical laminectomy on Burnette, fusing together her C4 and C5 vertebrae. Following surgery, her neck pain improved, but her back pain did not. From March to May 2009, her overall pain rating decreased from 8 to 6.

Dr. Bucci assessed Burnette’s postsurgical condition twice.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sonya Parks v. Cintas Corporation
Court of Appeals of South Carolina, 2026
Samuel Paulino v. Diversified Coatings, Inc.
Supreme Court of South Carolina, 2024
Michael K. Crowley v. Darlington County
Court of Appeals of South Carolina, 2024
Mary Hickman v. Safety National
Court of Appeals of South Carolina, 2023
Randall G. Dalton v. The Muffin Mam, Inc.
Court of Appeals of South Carolina, 2023
Janice McCutcheon v. Greenwood Mills, Inc.
Court of Appeals of South Carolina, 2022
Isaac D. Brailey v. Michelin North America, Inc.
Court of Appeals of South Carolina, 2022
Samuel Paulino v. Diversified Coatings, Inc.
Court of Appeals of South Carolina, 2022
Brooks v. Benore Logistics System, Inc.
Court of Appeals of South Carolina, 2022
Lucas v. RNDC of South Carolina
Court of Appeals of South Carolina, 2021
Frampton v. SCDNR
Court of Appeals of South Carolina, 2020
White v. NHC Parklane
Court of Appeals of South Carolina, 2019
Gul v. Kohler Company
Court of Appeals of South Carolina, 2019
Verma Tedder v. Darlington County
Court of Appeals of South Carolina, 2018
Harrison v. Owen Steel Co.
810 S.E.2d 433 (Court of Appeals of South Carolina, 2018)
Clemmons v. Lowe's Home Centers, Inc.-Harbison
803 S.E.2d 268 (Supreme Court of South Carolina, 2017)
American Home Assurance v. SC Second Injury Fund
Court of Appeals of South Carolina, 2016
Clemmons v. Lowe's Home Centers, Inc.
772 S.E.2d 517 (Court of Appeals of South Carolina, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
737 S.E.2d 200, 401 S.C. 417, 2012 S.C. App. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnette-v-city-of-greenville-scctapp-2012.