Walker v. Fresenius Medical Care Holding, Inc.

2014 Ark. App. 322, 436 S.W.3d 164, 2014 Ark. App. LEXIS 411
CourtCourt of Appeals of Arkansas
DecidedMay 21, 2014
DocketCV-13-734
StatusPublished
Cited by4 cases

This text of 2014 Ark. App. 322 (Walker v. Fresenius Medical Care Holding, Inc.) 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
Walker v. Fresenius Medical Care Holding, Inc., 2014 Ark. App. 322, 436 S.W.3d 164, 2014 Ark. App. LEXIS 411 (Ark. Ct. App. 2014).

Opinion

LARRY D. VAUGHT, Judge.

IrRay Anthony Walker sustained com-pensable injuries to his right-upper extremity on April 17, 2006, while working for Fresenius Medical Care Holding, Inc. (FMC), and was issued a thirty-seven-percent anatomical-impairment rating to his right-upper extremity in connection with these injuries, which was accepted and paid by FMC. He subsequently sought compensability of reflex sympathetic dystrophy (RSD) in his right hand/wrist as a natural consequence of his compensable injuries, additional medical treatment for RSD, an anatomical-impairment rating for RSD, and permanent-total-disability benefits in addition to his anatomical losses. Following a hearing, the administrative law judge (ALJ) denied Walker’s claim in its entirety. On appeal, the Arkansas Workers’ Compensation Commission reversed in part, finding that Walker proved his RSD diagnosis, that it was a compensa-ble consequence of his compensable injuries, and that he was entitled to additional medical treatment for RSD. The |2Commission affirmed in part, finding that Walker failed to prove his claims for an impairment rating for RSD and permanent-total-disability benefits.

Both Walker and FMC appeal from the Commission’s decision. On direct appeal, Walker argues that the Commission’s decisions denying him an impairment rating for his RSD condition and denying him permanent-total-disability benefits are not supported by substantial evidence. On cross-appeal, FMC argues that substantial evidence fails to support the Commission’s findings that Walker sustained RSD as a compensable consequence of his right-upper-extremity injuries and that he is entitled to additional medical treatment for RSD. We reverse in part and affirm in part on direct appeal and affirm on cross-appeal.

Prior to the hearing before the ALJ, the parties stipulated that Walker suffered a compensable right-elbow injury; 1 he reached maximum medical improvement and the end of his healing period for that injury on March 27, 2008; and he was assigned a thirty-seven-percent anatomical-impairment rating to the right-upper extremity. The issues to be litigated were whether: Walker sustained RSD as a com-pensable consequence of his admittedly compensable right-elbow injury; he was entitled to medical treatment for RSD; he suffered an impairment rating for RSD; and he was permanently-totally disabled. Walker specifically reserved the right to litigate in the future his entitlement to temporary-total-disability benefits related to RSD.

At the hearing, Walker, then fifty-four years old, testified that he began working for FMC in 2005 as a truck driver. On April 17, 2006, he fell backward off a loading dock. The |smedical record reflects that after receiving initial treatment for neck and right-shoulder complaints, he soon thereafter began having right-wrist and -elbow pain and was referred to Dr. Jeanine Andersson. Dr. Andersson performed surgery on Walker’s right wrist and elbow on September 27, 2006.

On December 11, 2006, Dr. Andersson recommended a triple-phase bone scan on Walker’s right arm. The test results were interpreted as positive for RSD, and Walker was referred to Dr. Reginald Rutherford for RSD treatment. After examining Walker, Dr. Rutherford agreed with the RSD diagnosis and recommended conservative treatment that included medication and stellate ganglion blocks. 2 Walker was also subsequently diagnosed with severe nerve compression of the median and ulnar nerves in the right arm, which resulted in a second surgery by Dr. Andersson in March 2007.

Following the second surgery, in April 2007, Dr. Andersson noted that a repeat nerve-conduction study showed improvement in Walker’s overall neurological status; however, Walker continued to complain of pain. Dr. Andersson also noted that Walker had not been participating in his medical care — neglecting to go to physical therapy because it “hurts too much.” She noted that Walker also stated that he would not participate in future ganglion-block procedures because he did not like the way they made him feel. On June 7, 2007, Dr. Rutherford opined that Walker was not responding to treatment for RSD and that [/‘psychological factors were op-erant pertaining to poor response.” Dr. Rutherford released Walker from treatment.

On June 22, 2007, Walker presented to Dr. Andersson with continued complaints of pain. However, she reported that a CT scan of Walker’s right arm showed that the fusion block was completely healed. And while Walker was insistent that he could not make a fist, Dr. Andersson’s exam revealed findings consistent with finger motion. She noted “poor patient compliance,” and ordered a functional capacity evaluation (FCE), which was performed on July 6, 2007.

The FCE report concluded that Walker gave an unreliable effort, with twenty of forty-three consistency measures within expected limits. Additionally, the FCE reported that Walker self-limited his behavior, magnified his symptoms, stopped many of the tests, and refused to perform other tests. Ultimately, the evaluator concluded that Walker was able to perform tasks at the sedentary work level.

Following the FCE, on July 16, 2007, Dr. Andersson evaluated Walker, noting the FCE results and inconsistencies between his complaints and her examination. Based on Walker’s history of poor compliance with medical treatment and inconsistencies in his exam, she did not recommend further intervention. She stated that Walker had permanent restrictions and scheduled him for a final impairment-rating assessment. Walker was assessed and measured for an impairment rating on July 23, 2007; however, he did not participate in the testing with regard to his right hand/wrist.

|fiFive months later, on December 14, 2007, Dr. Andersson released Walker to return to work with the restriction of “permanent loss of right hand.” Then, on March 27, 2008, Dr. Andersson issued Walker a thirty-seven-percent impairment rating to his right elbow/right-upper extremity. She noted that Walker was unable to complete the right-hand range-of-motion portion of the impairment-rating assessment, and as a result, she issued Walker a zero-percent impairment to his right wrist/hand. Dr. Andersson reiterated her opinion in a November 18, 2009 letter.

On May 22, 2010, at the request of FMC, Dr. William Ackerman performed an independent medical examination (IME) of Walker. Dr. Ackerman noted that Walker had numbness and significant limitations of range of motion in his right hand and wrist. He diagnosed Walker with diabetic neuropathy and opined that he had no signs of RSD. Dr. Ackerman later authored two reports, on August 12, 2010, and September 7, 2010, advising that he had viewed surveillance video of Walker using his right-upper extremity contrary to claims made during the IME that he had no use of his right arm, hand, and fingers. Dr. Ackerman further stated that Walker had normal range of motion in the right-upper extremity and was able to perform some gainful employment where he would not have to lift heavy objects.

Walker sought and was granted a change-of-physician evaluation with Dr. Kevin Collins on March 23, 2011. Dr. Collins concluded that Walker had RSD and needed medical treatment for it — hand therapy and a referral to Dr. Ackerman. Dr.

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

Related

Rodriguez v. Superior Industries
2016 Ark. App. 235 (Court of Appeals of Arkansas, 2016)
Emergency Ambulance Service, Inc. v. Burnett
2015 Ark. App. 288 (Court of Appeals of Arkansas, 2015)
Hopkins v. Harness Roofing, Inc.
2015 Ark. App. 62 (Court of Appeals of Arkansas, 2015)
Best Western Inn & Union Insurance of Providence v. Paul
2014 Ark. App. 520 (Court of Appeals of Arkansas, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
2014 Ark. App. 322, 436 S.W.3d 164, 2014 Ark. App. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-fresenius-medical-care-holding-inc-arkctapp-2014.