Morris v. State ex rel. Department of Workforce Services, Workers' Compensation Division

2017 WY 119, 403 P.3d 980, 2017 Wyo. LEXIS 125
CourtWyoming Supreme Court
DecidedOctober 5, 2017
DocketS-17-0005
StatusPublished
Cited by12 cases

This text of 2017 WY 119 (Morris v. State ex rel. Department of Workforce Services, Workers' Compensation Division) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. State ex rel. Department of Workforce Services, Workers' Compensation Division, 2017 WY 119, 403 P.3d 980, 2017 Wyo. LEXIS 125 (Wyo. 2017).

Opinion

KAUTZ, Justice.

[¶1] The Medical Commission (Commission) sustained the Wyoming Workers’ Compensation Division’s (Division) termination of Sarah Morris’s temporary total disability (TTD) benefits after determining she had reached maximum medical improvement (MMI). The Commission also upheld the Division’s denial of benefits for treatment of her right knee on the basis that it was unrelated to her work injury. After the district court affirmed the Commission’s decision in all respects, Ms. Morris appealed to this Court. We conclude the Commission’s determinations are supported by substantial evidence in the record and are not contrary to the law; consequently, we affirm.

ISSUES

[¶2] Ms. Morris presents the following issues for our review:

A. Whether the Medical Commission appropriately determined [Ms.] Morris had reached MMI and terminated her TTD benefits.
B, Whether substantial evidence exists to support the Medical Commission’s decision that [Ms.] Morris’s injury to her right knee was not work-related,

The Division offers a similar, though more detailed, statement of the issues for .our review.

FACTS

[¶3] Ms. Morris is trained as a licensed practical nurse (LPN). She worked as a residential manager for I Reach 2 Lifestyles, an organization that provided services to disabled persons in Casper, Wyoming. On February 3, 2011, Ms. Morris’s supervisor instructed her to move a heavy love seat out of a house and into a garage. She attempted to move the love seat without assistance and injured her neck and lower back.

[¶4] Although Ms. Morris continued to work, she was in pain and, on February 15, 2011, she sought treatment at an urgent care facility. A nurse practitioner ordered X-rays of her cervical and lumbar spine, which revealed no acute abnormalities. She began physical therapy and took medication for pain and inflammation.

[¶5] In April 2011, Ms. Morris was referred to neurosurgeon Thomas Kopitnik, M.D., and a Physician Assistant (PA) ordered an MRI of her spine' and a bilateral nerye conduction study of her upper extremities. On April 22, 2011, Dr. Kopitnik reviewed the MRl results, which showed an annular tear in her lumbar spine at L4-L5 and disc ruptures in her cervical spine at C4-C5 and C5-C6. The nerve conduction study was, however, normal. Dr. Kopitnik recommended surgery on Ms. Morris’s cervical spine and conservative treatment for her' lumbar spine with an epidural steroid injection. Ms. Morris worked until July 13, 2011, and the next day, July 14, 2011, she underwent an anterior cervical discectomy and fusion of C4-C5 and C6-C6. Dr. Kopitnik- certified her as unable to work, and the Division approved payment of TTD benefits.

[¶6] Ms. Morris saw Dr. Kopitnik on September 19, 2011, complaining of continuing neck pain and “severe low back pain,” After reviewing the results of a lumbar discogram, Dr. Kopitnik determined that conservative treatment of her lumbar spine had failed and recommended she undergo lower back fusion surgery. On January 3, 2012, Dr. Kopitnik performed a transforaminal lumbar inter-body fusion at L4-L5 and L5-S1 with placement of hardware. Dr. Kopitnik continued to certify Ms. Morris for TTD benefits. On January 19, 2012, Ms. Morris complained of continuing low back pain and, also of left leg pain. X-rays “demonstrated excellent position of the construct” without “any hardware complications,” and a myelogram showed “a nice decompression and no obvious compression of her nerve roots in her lower lumbar spine.”

[¶7] After that, Ms. Morris’s condition improved for a time. The note from her April 2, 2012, appointment stated:

She has been doing relatively well since her last appointment. She has been doing well regarding her back. She has beg[u]n to experience some neck spasms in the posterior aspect of the cervical spine. She does note that she has been increasing her activity and going to the-gym more.

X-rays of the lumbar spine at that point showed “good position and alignment of hardware with fusion occurring.”

[¶8] At her May 14, 2012, appointment, Ms. Morris reported that she continued to have some low back pain, but did not mention leg pain.-Her examination was “normal,” and Dr. Kopitnik planned to start weaning her from the back brace and pain medication. Dr. Ko-pitnik’s note from Ms. Morris’s July 2, 2012, appointment stated that he had “given her temporary disability for an additional six weeks. Otherwise, [he] liberalized her activity. She has felt better since discontinuing her brace. She is continuing with physical therapy.”

[¶9] On September 10, 2012, Ms. Morris apparently reported .a change to Dr. Kopit-nik’s PA, The “Subjective” portion of the appointment notes stated that she was struggling with low back pain which had initially subsided but now had worsened. The “Objective” section stated that her strength remained 5/5 throughout, cervical range' of motion was good, her lumbar range of motion was good “with some mild pain with lumbar extension.” The notes also stated -that she was able to' stand on her - toes and heels without difficulty, her gait was normal, and the “sensory exam” was “within normal limits to light touch throughout.” The PA concluded that she was clinically stable, although she had some continuing low back pain. He ordered an SI joint injection on the left side to “see if she gets some.decent relief.” The PA thought “some more time and allowing this fusion, to mature” would hopefully provide some better relief. , •

[¶10] Less than a month later, Ms. Morris returned to the clinic. This time she complained of neck, lumbar and thoracic spine pain, but her examination was normal. Dr. Kopitnik ordered a total spine myelogram which showed solid fusions in her cervical and lumbar spine, with “no obvious disc ruptures and no obvious nerve root compression in her cervical, thoracic or lumbar spine.” Dr. Kopitnik diagnosed her as suffering from “post laminectomy and post fusion syndrome with continued low back pain” and referred her to Dr. Todd Hammond, a pain management specialist, for a spinal cord stimulator trial to see if it would- help with her pain. According to Dr. Hammond, a spinal cord stimulator is' a mechanical device with' an electrical lead that is placed along the spinal cord. The electrical impulse inhibits the amount of pain signal that reaches the brain. In other words, it tricks' -the nervous system ihto not recognizing the pain. Throughout this time, Dr. Kopitnik continued to certify Ms, Morris as temporarily totally disabled,

[¶11] The Division referred Ms. Morris to Dr, Paul Ruttle for an orthopedic medical evaluation and permanent partial impairment (PPI) rating. Dr. Ruttle reviewed Ms. Morris’s medical records and examined her on Oetober 25, 2012. He stated in his report Ms. Morris informed him that, although her cervical and low back pain had decreased since the injury, she continued to suffer with pain and her physicians were considering placement of a spinal cord stimulator. She also reported to Dr. Ruttle that she had weakness and paresthesias in her upper extremities.

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Bluebook (online)
2017 WY 119, 403 P.3d 980, 2017 Wyo. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-state-ex-rel-department-of-workforce-services-workers-wyo-2017.