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Roach v. Dolgencorp4/27/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Hazel Roach appeals from a decision of the Arkansas Workers' Compensation Commission (Commission) denying her claim for benefits. On appeal, she asserts that the Commission's finding that her August 2000 injury was not the major cause of her current physical impairment was not supported by substantial evidence. We affirm.
Appellant worked for Dollar General in Dewitt, Arkansas, as a store manager and certified training manager. Her duties included conducting inventory at other store locations. On August 28, 2000, while conducting inventory at another store, appellant sustained an admittedly compensable injury to her neck.
Following her accident, appellant sought treatment in the emergency room at Stuttgart Regional Medical Center, where x-rays were taken of her cervical spine. The x-rays revealed that appellant had a straightening of the lordotic curve of the cervical spine and minimal anterior wedging of the anterior superior corner of C7.
Appellant subsequently began treating with Dr. Philip Johnson, an orthopedist. Dr. Johnson's notes indicate that he reviewed appellant's x-rays and found that the x-rays revealed that appellant had "a questionable compression fracture at C5" and at the superior aspect of C6. Dr. Johnson diagnosed appellant as having cervical sprain and a contusion of the left shoulder. He also recommended that appellant undergo an MRI of the cervical spine. On September 5, 2000, appellant underwent the suggested MRI. The MRI revealed the following:
1. Minimal C5-6 and mild C6-7 disc bulges are present. These do not appear to cause significant dural sac compression and they result in no visible cord or nerve root impingement. 2. Mild reversal of curvature centered at C6 which may reflect muscle spasm. Otherwise, normal MRI of the cervical spine.
On November 1, 2000, appellant saw Dr. Reginald Rutherford, a neurologist. Dr. Rutherford's notes reveal that he initially reviewed appellant's previous x-rays and MRI. He wrote that the studies revealed " here is evidence of muscle spasm mid cervical level on both studies based on reversal of the cervical cure. There is also suggestion on both studies of a compression fracture of relatively mild degree involving the superior margin of the C6 vertebra." Because of this, Dr. Rutherford recommended that appellant undergo a bone scan with SPECT imaging. Dr. Rutherford noted that, otherwise, his examination of appellant was within normal limits.
Dr. Rutherford's November 20, 2000, notes indicate that the appellant's bone scan was normal. He wrote that the bone scan suggested that the compression at C6 was a remote rather than current abnormality. He also noted that an MRI of appellant's brain was normal and that there was no evidence of intercranial trauma.
On April 2, 2001, Dr. Rutherford found that appellant had reached maximum medical improvement and released appellant from treatment. He did not recommend any restriction nor did he recommend a permanent partial impairment rating.
However, on April 9, 2001, appellant sought treatment from Dr. James Adametz, a neurosurgeon. Dr. Adametz reviewed appellant's x-rays and MRI. He noted that they showed appellant's "neck to be very straight and stiff." He suspected that appellant was experiencing muscle spasms. Dr. Adametz prescribed muscle relaxers and recommended that appellant receive epidural steroid injections.
When appellant returned to Dr. Adametz on May 4, 2001, she complained that she was still experiencing pain. Dr. Adametz noted that appellant's neck was stiff "with some tightness and crepitance and decreased range of motion."
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