Stericycle, Inc. v. Patterson

161 So. 3d 1170, 2013 WL 3482205, 2013 Ala. Civ. App. LEXIS 147
CourtCourt of Civil Appeals of Alabama
DecidedJuly 12, 2013
Docket2111032
StatusPublished
Cited by3 cases

This text of 161 So. 3d 1170 (Stericycle, Inc. v. Patterson) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stericycle, Inc. v. Patterson, 161 So. 3d 1170, 2013 WL 3482205, 2013 Ala. Civ. App. LEXIS 147 (Ala. Ct. App. 2013).

Opinions

PITTMAN, Judge.

Stericycle, Inc., appeals from a judgment determining that Sonja Patterson suffers from a 57% permanent partial disability and awarding her benefits, pursuant to the Alabama Workers’ Compensation Act, §' 25-5-1 et seq., Ala.Code 1975 (“the Act”). Stericycle argues that the trial court’s medical-causation and disability determinations are not supported by substantial evidence.

Factual and Procedural Background

Stericycle is engaged in the business of medical-waste management, collection, and removal. Patterson was employed as a route truck driver; her duties were to collect containers of medical waste from designated sites and transport them to a disposal site. On January 19, 2011, Patterson drove a Stericycle truck to Shelby Baptist Hospital in Alabaster; loaded three containers of medical waste, each weighing approximately 50 pounds, onto a hand truck; and was pushing the loaded hand truck up a ramp to the Stericycle truck when she felt a “pop” and experienced pain in her lower back. No one witnessed the accident. It is undisputed that Patterson returned to the Stericycle office and reported the accident to her supervisor the same day.

The following day, Patterson was examined by Dr. Michael Mueller at St. Vincent’s Occupational Health Center. Dr. Mueller diagnosed Patterson as suffering from a lumbar strain, prescribed pain medication, returned her to work under light-duty restrictions, and scheduled a followup visit for January 26, 2011. Stericycle accommodated Patterson’s restrictions and assigned her administrative duties. When Patterson reported to Dr. Mueller at the follow-up visit that she was still having pain, Dr. Mueller scheduled three physical-therapy sessions for her. At the first session, Steven Estrada, the physical therapist, reported that Patterson’s symptoms were inconsistent and “positive for symptom magnification.” Following the third session, Estrada reported that Patterson had “had no significant subjective or objective change since the first visit. Still appears to be positive for symptom magnification.” Patterson saw Dr. Mueller for another follow-up visit on February 10, 2011. Dr. Mueller’s office notes for that day state: “22 days post injury; maximum therapy and meds; positive pain behavior and symptom magnification.” Dr. Mueller indicated that Patterson could return to work without limitation on February 14, 2011.

At Patterson’s request, Stericycle provided her with an alternative treating physician, Dr. Michelle Turnley, a physiatrist. Dr. Turnley dictated the following office note following her examination of Patterson on March 1, 2011:

“She describes some intermittent, non-persistent right and left leg weakness in the non-radicular distribution [that] comes on both after prolonged sitting and prolonged standing.... She ... does move slow[ly] and possibly some symptom magnification.... She has significantly diminished lumbar range of motion but she self-limits.... She has a negative straight-leg raise. She does have severe pain with FABER’s [flexion, abduction, and external rotation] bilaterally. She gets teary-eyed.... [A lumbar-spine X-ray] reveals no fractures, no acute abnormalities and fairly good disc-space integrity.”

Dr. Turnley diagnosed Patterson as suffering from a slow-to-resolve lumbar strain and prescribed anti-inflammatory and muscle-relaxant medications. At a follow[1173]*1173up visit on March 25, 2011, Patterson reported that the medications had not helped her. Dr. Turnley changed Patterson’s medication to a narcotic pain reliever and ordered a magnetic resonance image (“MRI”) of Patterson’s lumbar spine to check for underlying disk disease. Dr. Morgan Eiland performed the MRI on March 29, 2011. His report states:

“FINDINGS: At L2-3, the disc is intact. There are degenerative facet changes. There is no spinal or forami-nal stenosis. At L3-4, there is disc dessication with a broad-based disc bulge and a midline annular tear. Facet and ligamentum flavum hypertrophy are present. There is bilateral recess steno-sis but no significant foraminal stenosis. At L4-5, there is disc dessication with a broad-based disc bulge and a midline annular tear. Facet hypertrophy is present. This causes bilateral recess lateral recess stenosis without foraminal stenosis. At L5-S1, the disc is rudimentary. It is intact. There is no spinal or foraminal stenosis elsewhere. No thecal sac or nerve root compression is present elsewhere. Bone marrow signal is normal.
“IMPRESSION: Degenerative changes as described. These are most significant at L3-4 and L4-5 where there is lateral recess stenosis. There are annular tears at both levels.”

On April 4, 2011, Dr. Turnley placed Patterson at maximum medical improvement (“MMI”), released her to return to work with no restrictions, and concluded that Patterson had “[zero] percent physical impairment.”

Before Patterson could return to work as a truck driver, she had to be cleared by passing a Department of Transportation (“DOT”) physical examination. ‘ On April 7, 2011, she reported to Dr. Mueller for the examination. Patterson testified that when she showed Dr. Mueller how far she could bend forward, he informed her that he “could not sign off on” the examination; no examination was ever conducted.

Dr. Turnley referred Patterson to Dr. Martin Jones, an orthopedic spine surgeon, who saw Patterson on April 21, 2011. Noting that Patterson had “some disc bulging and an annular tear,” but that there was “no evidence of large disc herniation,” Dr. Jones recommended an epidural block and physical therapy and concluded that Patterson could return to work that day without limitations. On May 26, 2011, Patterson returned to Dr. Jones, complaining of back pain and pain and numbness in both legs. Dr. Jones recorded the following office note:

“[Patterson] says she is barely able to get around. She is using a cane today- She is not working at all. Her physical therapy suggested moderate atypical pain behavior.
“IMPRESSION AND PLAN: At this point she seems just about incapacitated and it is hard to understand why based on her x-rays and her MRI scan. But in any event, my recommendation is to get a CT/myelogram and an EMG/nerve conduction study of her legs to see if anything else shows up at that point and then go from there.”

Dr. Ruth Snow, who performed the CT/myelogram, reported that the test showed “mild degenerative disc and facet joint changes in the lumbar spine; lateral recesses are mildly narrowed at L3^4; there is mild left lateral recess narrowing at L4-5; [and] L5 is a transitional element, as is T12.” Dr. Gordon Kirschberg, who performed the EMG/nerve-conduetion study, stated: “This is a normal elee-trodiagnostic study without evidence of neuropathy, radiculopathy, or specific entrapment being seen. There was poor voluntary recruitment of all muscle [1174]*1174groups [in] both legs, which is a functional or non-organic sign.”

Patterson returned to Dr. Jones on June 23, 2011. Dr. Jones’s office note for that day states:

“[Patterson] says she is no better. She is still bound to the cane. Her myelo-gram is unremarkable other than just mild degenerative changes. Her EMG/ nerve conduction study is normal.
“I do not have any explanation for her symptomatology and suspect that there are secondary issues.

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

Related

Travelers Indem. Co. of Conn. v. Worthington
252 So. 3d 645 (Supreme Court of Alabama, 2017)
Goodyear Tire & Rubber Co. v. Bush
187 So. 3d 1148 (Court of Civil Appeals of Alabama, 2015)
Stericycle, Inc. v. Patterson
161 So. 3d 1186 (Supreme Court of Alabama, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
161 So. 3d 1170, 2013 WL 3482205, 2013 Ala. Civ. App. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stericycle-inc-v-patterson-alacivapp-2013.