Rixner v. East Jefferson General Hospital

176 So. 3d 677, 15 La.App. 5 Cir. 143, 2015 La. App. LEXIS 1813, 2015 WL 5662538
CourtLouisiana Court of Appeal
DecidedSeptember 23, 2015
DocketNos. 15-CA-143, 15-CA-144, 15-CA-145
StatusPublished
Cited by2 cases

This text of 176 So. 3d 677 (Rixner v. East Jefferson General Hospital) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rixner v. East Jefferson General Hospital, 176 So. 3d 677, 15 La.App. 5 Cir. 143, 2015 La. App. LEXIS 1813, 2015 WL 5662538 (La. Ct. App. 2015).

Opinion

MARC E. JOHNSON, Judge.

|2In this workers’ compensation dispute, Defendant, Jefferson Parish Hospital Service District # 2, d/b/a East Jefferson General Hospital (“EJGH”), appeals the trial court’s judgment in favor of Claimant, Sanjanette Rixner, finding her preexisting condition was aggravated by her three work-related accidents and awarding workers’ compensation benefits and penalties. For the reasons that follow, we affirm in part, reverse in part and remand.

FACTS & PROCEDURAL HISTORY

Claimant worked as a registered nurse for EJGH from March 2007 through June 13, 2013. On December 8, 2011, Claimant allegedly injured her back during the course and scope of her employment while helping transfer a patient from a bed to a wheelchair. Thereafter, on October 2, 2012, Claimant suffered a second work-related accident when she stepped on a rug that shifted, causing her to fall onto her right knee and land on her back and buttocks. Two months later, on | ¡¡December 13, 2012, Claimant had a third work-related accident when she experienced left arm pain after helping turn a 600 lb. patient.

Claimant filed three separate disputed claims for compensation, which were consolidated for purposes of trial.1 The matter proceeded to trial on August 27, 2014. At trial, the parties stipulated that Claimant was in the course and scope of her employment at the time of all three accidents. They further stipulated that all related medical bills were paid by EJGH except for those incurred by Claimant’s treatment with Dr. Horace Mitchell, Dr. Tarun Jolly, Dr. Christy Montegut, Dr. Eric Lonseth, Dr. Cuong Bui, and a portion of her treatment with Dr. Robert Dale. .

The record shows that' Claimant was involved in three motor vehicle accidents in 2004, 2005 and 2007, in which she sustained cervical and lumbar injuries. After the 2007 motor vehicle accident, Claimant treated with Dr. Rand Voorhies, a neurosurgeon, who recommended cervical surgery for disc herniations that were compressing on her spinal cord.2 Dr. Voorhies noted that although Claimant’s physical examination was relatively normal, she had “a really terrible spine problem and abnormalities in the cervical region” and required “a very extensive surgical procedure to attempt to deal with those problems.” Dr. Voorhies opined at the time that Claimant was “at a high risk for a sudden catastrophic and irreversible sudden deterioration if she was involved in any injury no matter how slight.” He further noted that Claimant’s condition could not heal itself and that she would always have some degree of cord compression as a result of the 2007 injury. Despite Dr. Voorhies’ recommendation, Claimant declined surgery.

| ¿Claimant continued to work for EJGH after the 2007 accident with no problems; however, her medical records show periodic treatment for cervical and lumbar pain [680]*680from 2007 until the first work-related accident on December 7, 2011. ' Notably, in-August 2011, Claimant saw Dr. Eric Lon-seth, a pain managemént specialist, with complaints of neck pain radiating into both shoulders and low back pain radiating into both buttocks. Dr. Lonseth ordered a lumbar MRI, which was essentially normal. He then prescribed physical therapy for Claimant. The record does not indicate the duration of physical therapy or contain any follow up visits to Dr. Lonseth prior to Claimant’s December 2011 work-related accident.

On December 7, 2011, Claimant was working as ,a recovery room nurse in the gastrointestinal clinic. She was helping transfer a patient from a bed to - a wheelchair when she felt a burning, aching pain in her lower back. The next day, Claimant sought treatment with Dr. Brett Rothaer-mel, a physiatrist, at the East Jefferson Occupational Medicine Clinic. Her main complaint was back pain. Dr. Rothaermel diagnosed Claimant with a lumbar sprain/ strain and placed her on light duty with instructions to avoid repeated bending, twisting and lifting, and to avoid lifting, pulling or pushing more than 25 lbs.

Claimant returned to Dr. Rothaermel on December 14, 2011. At that time, he prescribed physical therapy and returned her to regular duty. EJGH approved the physical therapy request, and Claimant began physical therapy in January 2012.

Claimant next saw Dr. Rothaermel on January 18, 2012, with continued low back pain but no radicular pain, numbness or tingling. Dr. Rothaermel ordered a pelvic and a lumbar MRI and instructed her to continue physical therapy. EJGH approved the tests and Claimant had the MRIs on January 19, 2012. The pelvic MRI showed no significant findings. The lumbar MRI showed stable mild facet ar-thropathy at L4 through SI,- but was otherwise normal with no spinal stenosis or Ldisc herniation. Claimant returned to Dr. Rothaermel on January 23, 2012, and the results of her MRIs were reviewed. Claimant told Dr. Rothaermel that she had been previously told she had a lumbar disc herniation; however, Dr. Rothaermel reviewed the August 2011 lumbar MRI and noted it was normal. He recommended she continue with physical therapy. Dr. Rothaermel noted that Claimant declined a referral for a second opinion.

Claimant missed her next two scheduled appointments with Dr. Rothaermel and did not return to see him until February 6, 2012. At that time, Claimant continued to complain of back pain, but also complained of radicular pain into her right buttock and leg with paresthesia and leg weakness. Dr. Rothaermel noted that Claimant’s rad-icular complaints were becoming more prominent. Although the MRI failed to find a clear etiology, Dr. Rothaermel noted there may be possible neuroforaminal narrowing associated with the facet arthropa-thy. . He recommended Claimant .continue with physical therapy3 and referred her. to Dr. Lonseth for consideration of interven-tional pain management consisting of lumbar facet joint injections or epidural steroid injections. Dr. Rothaermel continued Claimant on regular duty, but limited her to eight-hour shifts. Claimant testified that EJGH accommodated all her job restrictions and she continued to work.

The record shows that EJGH approved Claimant’s referral to Dr. Lonseth for treatment; however, there is nothing in the record to show that Claimant followed through with this referral despite her treatment with Dr. Lonseth four months before her work-related accident.

[681]*681On March 16, 2012, Dr. Rothaermel requested a course of chiropractic care for Claimant after she reported limited benefit from physical therapy. He noted that the interventional pain management consult had yet to take place, but believed | ^chiropractic care with a possible facet joint injection would help Claimant reach maximum medical improvement. EJGH approved the chiropractic care the same day, and Claimant immediately started treating with chiropractor Dr. Robert Dale for back pain.

On April 11, 2012, Dr. Dale requested eight additional chiropractic treatments, noting that six had already been done with Claimant showing improvement. On May 30, 2012, Dr. Dale recommended Claimant undergo an EMG/Nerve Conduction Study (NCS) of the right leg to determine if there was nerve root impingement in the lumbar spine. On August 14, 2014, EJGH sent a letter to Dr. Dale informing him that he was treating Claimant without authorization and advised him that further treatments needed to be authorized. EJGH requested that Dr. Dale forward a treatment plan. In response, Dr. Dale submitted a 1010 Form seeking authorization for eight additional treatments and the EMG/NCS.

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Bluebook (online)
176 So. 3d 677, 15 La.App. 5 Cir. 143, 2015 La. App. LEXIS 1813, 2015 WL 5662538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rixner-v-east-jefferson-general-hospital-lactapp-2015.