Grothaus v. Vista Health, L.L.C.

2011 Ark. App. 130, 382 S.W.3d 1, 2011 Ark. App. LEXIS 129
CourtCourt of Appeals of Arkansas
DecidedFebruary 16, 2011
DocketNo. CA 10-795
StatusPublished
Cited by8 cases

This text of 2011 Ark. App. 130 (Grothaus v. Vista Health, L.L.C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grothaus v. Vista Health, L.L.C., 2011 Ark. App. 130, 382 S.W.3d 1, 2011 Ark. App. LEXIS 129 (Ark. Ct. App. 2011).

Opinion

DOUG MARTIN, Judge.

| Appellant David Grothaus brings this appeal from a decision of the Workers’ Compensation Commission denying his claim for benefits. Grothaus was employed as a teacher by appellee Vista Health, L.L.C., a psychiatric facility for adolescents. On September 29, 2008, he was injured when a student attacked him in a classroom. Grothaus filed a claim for workers’ compensation benefits, and his employer initially accepted his injuries as compensable. Subsequently, however, Vista Health controverted his claim, and Grothaus sought a hearing before an administrative law judge . (ALJ). The ALJ found that Grothaus failed to meet his burden of proving that he suffered a com-pensable injury to his spine. In a two-to-one decision, the Workers’ Compensation Commission affirmed the decision of the ALJ. Grothaus urges on appeal that the Commission’s decision was in error.

| ¡After obtaining a bachelor’s degree and teaching certificate in the late 1970s, Gro-thaus was unable ,to find a teaching job and eventually took a job with a fire department. After a few years as a firefighter and paramedic, he broke his neck and lower back while on the job. As a result of those injuries, Grothaus had surgeries to fuse the vertebrae in his neck and, a few years later, in his lower back. Unable to work as a result of those injuries, Grothaus began receiving disability. In 1994 or 1995, he went back to school, earned a second bachelor’s degree, and began graduate school. Grothaus moved to Eureka Springs and began teaching.

In 2002, a student at the school in Eureka Springs .attacked Grothaus and cracked both of his fusions. He sought medical attention from Dr. Kresse, his family doctor, who referred him to Dr. Raben, who performed surgery on Grothaus’s neck in May 2002. In September 2002, Grothaus had a plate placed in his neck and rods and bolts placed in his lower back. By 2005, Grothaus had returned to teaching. In April 2007, however, one of the screws in his neck came loose and had to be surgically repaired.

Grothaus took a teaching position at Vista Health in August 2008. On September 29, 2008, Grothaus was teaching one of his classes when one of his students began taking the metal levelers off of the bottom of his desk. Grothaus knelt beside the student to tell him that he could not do that, and the student threw one of the levelers at Grothaus. Grothaus caught it, but the student began throwing punches at his face. Grothaus fell backward, and the student started kicking him in the head. Within minutes, other school employees were able |sto get to the classroom and subdue the student, and Grothaus continued to teach for the rest of the day.

By the time Grothaus got home, he was “pretty sore,” and by the next morning, he was “really, really sore” and had a “terrific headache.” Despite the soreness in his neck and lower back, he went to work. By mid-morning, however, he was experiencing not only stiffness and soreness, but also spasms in his neck and back. Grothaus reported his situation to his supervisor, who referred him to Dr. Vandergriff. Dr. Vandergriff took x-rays of Grothaus’s neck and recommended that he see a neurosurgeon; accordingly, Grothaus made an appointment for October 3, 2008, with Dr. Knox, who had done one of his previous surgeries.

Dr. Knox took Grothaus off work and ordered an MRI, which was performed on October 18, 2008. Grothaus was originally scheduled for a follow-up appointment with Dr. Knox, but the doctor’s office lost the appointment and had to reschedule for a month later. Rather than waiting that long, however, Vista Health’s insurance company arranged for Grothaus to see Dr. Blankenship, who prescribed a course of steroids and physical therapy.

Grothaus continued to experience stiffness and soreness, as well as numbness in his left arm and left foot. Eventually, Dr. Blankenship recommended surgery, but Grothaus felt more comfortable with Dr. Knox performing that surgery and requested a change of physician so|4he could return to Dr. Knox.1 Dr. Knox agreed that surgery was advisable, but he felt that a different kind of procedure would be more appropriate.

On cross-examination at the hearing before the ALJ, Grothaus explained that his primary complaints since the September 2008 incident had been neck pain and numbness in his left arm and hand. Grothaus acknowledged that these were the same symptoms about which he had complained prior to the September 2008 injury, although he stated that there were more, and more intense, symptoms. He also agreed that the post-September 2008 symptoms of pain in his lower back and left leg were the same as the symptoms he had experienced prior to that time.

On the basis of Grothaus’s testimony and the medical records introduced at the hearing, the ALJ determined that Grothaus had not demonstrated that he had suffered a compensable injury. The ALJ first noted that Grothaus had “an extensive history of prior low back and neck complaints before September 29, 2008,” including three surgical procedures on his cervical spine and two surgical procedures on his lumbar spine. The ALJ also pointed to several non-work-related incidents in which Grothaus had injured his neck, including a slip-and-fall in November 2007 and an accident in which a ceiling fan fell on his head in July 2008; between those two incidents, Grothaus’s cervical-thoracic fusion had been fractured.

| 5Further, the ALJ observed that only one physician had examined Grothaus’s medical records from both before and after the September 29, 2008 incident. Vista Health offered a report dated July 13, 2009, by Dr. Hronas, a board-certified radiologist, who stated that he compared an MRI of Grothaus’s lumbar spine taken on June 2, 2006, with an MRI taken on October 13, 2008, and a CT myelogram taken on January 13, 2009. Dr. Hronas found that the findings regarding Grothaus’s lumbar spine were “stable and unchanged from the three examinations of the lumbar spine.” In addition, Dr. Hronas compared a cervical MRI taken on July 18, 2008, to a cervical MRI taken on October 13, 2008, and a CT myelogram dated January 13, 2009; he concluded that “the three [cervical-spine] studies show similar findings with no change from one examination to the next.” Dr. Hronas’s report concluded as follows:

After the injury on 9-29-08, [Grothaus] had similar clinical findings and symptoms [as had been previously reported after his earlier injuries] with the only difference being an apparent increase in the magnitude of the subjective complaints, resulting in subsequent treatment with cervical epidural steroid injections as before the injury. Based on the clinical history and MRI findings prior to and after the incident on 9-29-08, it appears there was no significant change clinically or with medical imaging after the incident.

The ALJ found that Dr. Hronas’s opinion was credible and entitled to great weight; accordingly, the ALJ found that Grothaus had failed to offer medical evidence supported by objective findings establishing a new injury. As such, the ALJ concluded that Grothaus “failed to meet his burden of proving by a preponderance of the evidence that he suffered a compensable injury to his cervical and/or lumbar spine as a result of the incident on September 29, 2008.” In an opinion filed on May 18, 2010, the Commission affirmed and |r,adopted the ALJ’s findings.2

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Bluebook (online)
2011 Ark. App. 130, 382 S.W.3d 1, 2011 Ark. App. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grothaus-v-vista-health-llc-arkctapp-2011.