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Dollins v. L.A. Darling Co.9/28/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Lela Dollins appeals a decision by the Workers' Compensation Commission denying her request for additional temporary total disability (TTD) benefits. Appellant sustained an admittedly compensable injury when she fell on December 1, 2000, while working for appellee L. A. Darling Company. She received workers' compensation benefits through May 31, 2002. Appellant contends that the Commission's decision, that she was not entitled to TTD after May 31, 2002 because she was not in her healing period, is not supported by substantial evidence. We agree with her argument. We reverse and remand.
It is undisputed that appellant fell at work, catching herself by grabbing a nearby rail with her right hand. This caused a compensable injury to her right shoulder on December 1, 2000. The company doctor, Dr. Shotts, treated her conservatively with steroid injections and anti-inflammatory medication for a sprain/strain of her shoulder. Appellant complained that she was allergic to steroids and that her pain was otherwise not improving. Dr. Shotts eventually referred her to an orthopedic surgeon because she was not improving; she reported constant pain in her shoulder, most intense in the shoulder blade. The surgeon, Dr. Schechter, ordered x-rays, which he read as normal. Dr. Schechter ordered physical therapy for right shoulder impingement and scapulothoracic strain. His diagnosis in May 2001 was "consistent with some impingement with RTC tendonitis and bursitis as well as a scapulothoracic strain." Dr. Schechter did not think she had a torn rotator cuff due to her full strength upon exam. Dr. Schechter kept appellant on light duty and in physical therapy through the summer of 2001, but because she was not responding to conservative therapy, he ordered an MRI.
The August 6, 2001, MRI showed joint effusion and abnormal signs in the rotator cuff consistent with a partial-thickness tear. Dr. Schechter performed surgery on September 21, 2001, after which appellant remained off work. The surgery revealed significant inflammation under the rotator cuff and impingement of the cuff, and degenerative fraying of the biceps tendon (which was debrided), and bursitis in the subacromial space (which was decompressed to give more room for movement). In early November 2001, appellant reported that her symptoms had not improved and perhaps worsened after surgery. Dr. Schechter was concerned that because appellant was not participating in therapy due to pain, she might be developing adhesive capsulitis. By late November 2001, appellant had recovered more range of motion, but she was reporting that everything, not just her shoulder, hurt. Dr. Schechter was concerned that there was a psycho-somatic overlay to her problem. As a result, she was referred to a pain specialist, Dr. Savu. Dr. Savu first saw appellant in January 2002, and her psychological assessment included severe depression, anxiety, and some somatization component to her pain.
An independent medical evaluation was conducted by another orthopedic surgeon on February 19, 2002. In that evaluation, Dr. Rosenzweig opined that appellant had complications after her shoulder injury and surgery that resulted in residual adhesive capsulitis, also known as "frozen shoulder." Dr. Rosenzweig recommended additional diagnostic testing and aggressive conservative therapy with effective pain management to attempt to reach a higher level of improvement. To that end, Dr. Rosenzweig recommended an MRI and nerve testing to determine the exact origin of the pain. Although Dr. Rosenzweig believed that an impairment rating was premature, he speculated a six-percent rating to her upper extremity at that time, given that he an
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