Columbia Doctors Hospital v. Johnson3/8/2000
NOT FOR PUBLICATION
APPEAL FROM THE WORKERS' COMPENSATION COMMISSION,
AFFIRMED
Columbia Doctors Hospital and its insurance carrier, Continental Insurance Company, appeal a decision of the Workers' Compensation Commission that awarded Austie Johnson benefits for two compensable injuries. Appellants argue that the Commission committed reversible error by finding that Ms. Johnson was entitled to receive (1) compensation for permanent physical impairment exceeding 5% to the body as a whole as a result of her 1986 injury; (2) any permanent disability compensation based upon alleged loss of wage-earning capacity, from her 1986 or her 1994 injury; and (3) compensation based on her wages in 1994 rather than 1986. We find no error, and, consequently, we affirm.
Ms. Johnson, the claimant/appellee, had numerous physical injuries to her neck and low back while working as a nurse at Columbia Doctors Hospital from 1980 until 1994. There were two significant compensable injuries, on July 5, 1986, and July 11, 1994, with several recurrences, referred to as "flare-ups," in between. In June 1981, April 1983, and November 1983, Ms. Johnson's neck was injured as she was caring for patients. On those occasions, she was treated with physical therapy and trigger point injections. In 1985 and January 1986, Ms. Johnson injured her low back lifting a patient. In July 1986, Ms. Johnson reinjured her neck. Ms. Johnson then had flare-ups in May 1987, September 1988, September 1991, July 1992, February 1993, and April 1994. On July 11, 1994, Ms. Johnson tripped and fell, knocking herself unconscious, and sustained injuries to her left knee, neck, head, and low back. She also claimed she developed memory problems as a result of the last injury. Continental Insurance Company was the hospital's insurance carrier from 1986 through 1994. Ms. Johnson's treating physician, Dr. Jim Moore, severely limited her physical activity, and Ms. Johnson has not been able to work since her injury on July 11, 1994.
Dr. Moore gave Ms. Johnson a permanent impairment rating of 25% to the cervical spine and 25% to the lumbar spine. Ms. Johnson had previously had a compensable injury to her cervical spine for which she been given a 15% permanent impairment rating. Dr. Moore said his 25% rating included that 15% permanent impairment. Dr. Moore testified that Ms. Johnson's cervical-spine damage was demonstrated by her restricted range of motion, periodic muscle spasms, reflex alteration, sensory deprivation, trigger points, and myelographic confirmation. Evidence of her lumbar spine damage included a positive straight-leg raising, motor weakness, decreased strength, dorsiflexion weakness, sensory alterations, muscle spasms, trigger points, restricted range of motion, and myelographic confirmation. Dr. Jay Lipke gave Ms. Johnson a 5% impairment rating to her knee as a result of the July 11, 1994, injury.
The administrative law judge awarded Ms. Johnson temporary total disability benefits from April 6, 1995, to September 23, 1996; an additional 10% permanent impairment to the cervical spine; a 25% permanent impairment to the lumbar spine; a 5% permanent impairment to the leg; and 35% in wage loss benefits. The Commission affirmed and adopted the opinion of the administrative law judge, except for the award of temporary total disability, which was reversed upon a finding that the claimant's healing period for her lumbar and cervical spine injuries ended prior to 1995.
When reviewing a decision of the Workers' Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the Commission and affirm that de
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