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Schneider National Carriers11/16/2004
. Schneider National Carriers, Inc., appeals a judgment affirming a decision by the Labor and Industry Review Commission. The commission concluded that Eric Malikowski suffered a work-related injury and that he was entitled to reimbursement for medical expenses incurred in Minnesota. The commission further determined that there was insufficient evidence regarding Malikowski's medical restrictions and loss of earning capacity. Therefore, it remanded to the Department of Workforce Development, Workers' Compensation Division for a new hearing on these issues. Schneider argues (1) there was insufficient evidence to support the commission's determination that Malikowski's injury was work-related, (2) there was insufficient evidence to support the commission's finding that Malikowski's supervisor gave Malikowski permission to obtain medical treatment in Minnesota and therefore Malikowski is not entitled to reimbursement, and (3) the commission did not have the authority to remand the case. We disagree and affirm the judgment.
BACKGROUND
. Malikowski was employed by Schneider as a truck driver. On December 6, 2000, Malikowski was moving trailers from a loading dock at Johnson Controls in Hudson, Wisconsin. This involved hooking up and unhooking trailers from the tractor. He then delivered a load of materials to a Ford plant in St. Paul, Minnesota, and returned to Johnson Controls. While he was at Johnson Controls this second time, he felt a stabbing pain in his upper back. However, he continued working and drove back to the Ford plant. As he was driving, the pain increased to the point where he was unable to shift gears.
. Malikowski contacted his lead driver, Bob Stevens, who told him to go home and "contact me once you find something out." Malikowski contacted his family physician, Dr. Michael Oldenburg, and set up an appointment for later that day. Oldenburg's office is located in Minnesota. Malikowski then contacted Stevens again to tell him about the appointment. Oldenburg determined Malikowski's injury was work-related. Oldenburg referred Malikowski to Dr. Terry Hood and Dr. Benjamin Gulli. Both Hood's and Gulli's offices are also located in Minnesota.
. Malikowski saw Hood on December 27, 2000, regarding back and shoulder pain associated with his injury. Hood determined the injury was work-related and recommended conservative therapy. On January 19, 2001, Malikowski saw Gulli for evaluation of his shoulder pain. Gulli found no pathology in the shoulder and determined Malikowski could return to work without restrictions. Gulli did not recommend surgery.
. On February 23, 2001, at Schneider's request, Malikowski saw Dr. James Gmeiner for an adverse medical examination. Gmeiner determined there was no work-related injury and that no surgery was necessary.
. Nevertheless, Hood eventually recommended surgery after there was no reduction in Malikowski's pain in his back and shoulder. Malikowski underwent surgery on April 13, 2001. On May 14, Hood recommended Malikowski begin physical therapy. Hood stated that after two weeks of therapy, Malikowski would be able to return to work. On January 25, 2002, Hood assessed Malikowski a 5% permanent partial disability as a result of the surgery and indicated that he placed no restrictions on Malikowski's activity.
. In April 2002, Gmeiner reviewed Malikowski's medical records again and stated that the surgery had not been necessary, nor was it related to any injury sustained on December 6, 2000.
. Schneider terminated Malikowski's employment on February 23, 2001. Malikowski applied for a hearing before the Department of Workforce Development. The administrative law j
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