Medic One, LLC v. Colbert

386 S.W.3d 58, 2011 Ark. App. 555, 2011 Ark. App. LEXIS 586
CourtCourt of Appeals of Arkansas
DecidedSeptember 21, 2011
DocketNo. CA 11-318
StatusPublished
Cited by1 cases

This text of 386 S.W.3d 58 (Medic One, LLC v. Colbert) 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
Medic One, LLC v. Colbert, 386 S.W.3d 58, 2011 Ark. App. 555, 2011 Ark. App. LEXIS 586 (Ark. Ct. App. 2011).

Opinion

CLIFF HOOFMAN, Judge.

| Appellant Medic One appeals from the Workers’ Compensation Commission’s de-cisión affirming the' Administrative Law Judge’s finding that Medic One is responsible for all reasonably necessary medical treatment subsequent to December 9, 2009. Appellants argue on appeal that the Commission’s decision was based on an error of fact or evidence not in the record. We affirm.

Appellee James Colbert worked as a paramedic for appellant Medic One. On March 15, 2009, Colbert fell and injured his left shoulder while caring for a patient in the back of a Medic One ambulance. Emergency room doctors performed x-rays and provided Colbert a sling. Colbert followed up with the physician selected by appellants and was ultimately referred to Dr. Spencer Guinn, an orthopedic specialist. Dr. Guinn evaluated Colbert and ordered an MRI. Based on the MRI results, Dr. Guinn recommended and performed rotator-cuff repair on June 11, 2009. Post surgery, Dr. Guinn prescribed physical therapy, |2and Colbert began attending therapy sessions with physical therapist Keith Thompson at NEA Ortho-paedic and Sports. Colbert’s condition improved with physical therapy. By mid-September, Dr. Guinn and the physical therapist were both noting excellent progress with decreased pain and improved range of motion. On October 20, 2009, the therapist noted that Colbert reported that his pain had increased over the last several weeks after being off of pain medication. Dr. Guinn saw Colbert on October 21, 2009, and again on November 23, 2009, when he recommended another MRI. The MRI performed on December 3, 2009, revealed a full thickness tear of the anterior supraspinatus tendon with retraction. Dr. Guinn recommended surgery to repair the new tear in Colbert’s shoulder. Appellants denied Colbert’s request for surgery and contended that the new tear was the result of an independent intervening cause, not the admittedly compensable March 15, 2009 injury.

A hearing was held before ALJ Andrew Blood on June 4, 2010. Colbert was the only witness to testify at the hearing. Medical records, the deposition of Dr. Guinn, and the deposition of nurse case manager Rebecca Poston were introduced into evidence at the hearing.

Colbert testified that after his June surgery, he progressed with range of motion and function of his shoulder, and his pain decreased but never subsided. Dr. Guinn placed him on a one-arm restriction for work. In October, Colbert took a two-day course called Advanced Cardiovascular Life Support (ACLS). He testified that he told the instructor, Shawn Perrin, that he could only perform CPR one-handed and that he did in fact perform Lit with one arm. He also used a laryngoscope with his left hand while performing a procedure, but he testified that this did not cause any type of problems with his shoulder. Colbert testified that he did not experience any additional pain or discomfort in his left shoulder at any point during the ACLS class. Colbert testified that he never told his nurse case manager, Poston, that he had to stop doing CPR and intubation because of the pain. He claims he brought up the ACLS class to her to tell her how his shoulder was doing, not to tell her that he re-injured his shoulder. He testified that he told Poston he did CPR with only one arm the first time he talked with her about the class.

Colbert testified that, although in his deposition he said that he had not been hunting from the date of his injury to the date of the deposition, he later provided information to modify that answer. He claimed he thought he was telling the truth at the time of the deposition. Colbert testified that he did go deer hunting and used a muzzleloader to kill two deer on October 17, 2009. He testified that he had hunted approximately four times since early October 2009. He claimed that nothing during his hunts caused any pain or discomfort in his left shoulder. Colbert hunted from a tree stand ten feet off the ground and used his left arm to climb the ladder up to the stand. He did not carry anything up the ladder with him, but he instead pulled his gun and backpack up with a rope. He pulled the rope hand over hand but did take the weight of it on his right arm. He estimated that his backpack weighed about ten pounds. Colbert testified that he never picked up the weight of a deer to load it onto a truck, rack, trailer, or anything. He claimed that he dragged the deer behind a four-wheeler from the deer stand to the deer camp.

14Colbert also testified that he had not had any traumatic incident that caused him to sustain another injury to his left shoulder since the first surgery. He said that he told Dr. Guinn that physical therapy was causing problems with his shoulder. Colbert testified that in physical therapy he engaged in “work-hardening,” which consisted of climbing ladders, lifting weights, lifting heavy boxes from the floor to a standing position, and overall strength training. He claimed that this hurt his shoulder and that every time he went to the physical therapist or the doctor he reported that he still had pain.

Dr. Guinn’s deposition was taken April 21, 2010. Dr. Guinn testified that at each of Colbert’s follow-up visits he continued to have some pain, and although it improved, it was persistent. He testified that the tear observed in the December 2009 MRI was in front of the tear previously repaired. Dr. Guinn testified that it is his opinion that the major cause of the second tear arises from the initial injury of March 15, 2009. He testified that when the rota-tor cuff is damaged, patients can still have fibers intact that have not failed yet. In the first surgery, he repaired the portion that was obviously damaged and during physical therapy, the area just next to it then failed as a result of the original injury he had. He stated that there could have been damage to a larger area of the rota-tor cuff and just one portion of it had failed at the time of surgery. Dr. Guinn testified that it is his opinion that more likely than not the physical therapy actually precipitated this eventual tear.

Dr. Guinn also testified that in his opinion doing one-handed CPR and using his left arm while using a laryngoscope would not have caused Colbert’s rotator-cuff tear. Dr. Guinn testified that although, technically, doing CPR with both hands would be in violation |sof the one-arm restriction, he would have approved it if asked because the way CPR is performed does not concern him. Dr. Guinn stated that Colbert was doing harder exercises than that in physical therapy and that doing chest compressions probably does not even activate the rotator cuff. He also testified that he would have approved the use of the laryn-goscope and that its use could not have caused the new problem in Colbert’s shoulder.

When asked about how climbing a ladder affects the rotator cuff, Dr. Guinn testified that it really depends on whether a person is having to pull himself up or if he is using his legs. Dr. Guinn stated that he would wait a minimum of three months before telling someone that he thinks it is okay to pull overhead. Colbert’s deer hunting trips occurred four months after his surgery. Dr. Guinn stated that the act of cleaning a deer is not particularly stressful to the shoulders. He concluded that CPR, intubation, operating a muzz-loader, and cleaning a deer are all low-risk activities, but there is more variability in climbing a ladder.

Dr.

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386 S.W.3d 58, 2011 Ark. App. 555, 2011 Ark. App. LEXIS 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medic-one-llc-v-colbert-arkctapp-2011.