The claimant is a former custodial supervisor born on September 28, 1947. She first obtained employment with the BCC on or about July 19, 1976. The claimant entered the DROP program in February of 2006 and subsequently retired from her position effective August 30, 2011 with 35 years of service. The claimant has three open claims and continues to receive treatment for all three claims.
The claimant was first injured on October 12, 1990 when she was pushing/pulling/lifting a laundry cart which became stuck in the track of an elevator, resulting in injuries to her left shoulder, neck and left wrist. Following this accident, the claimant came under the care of Dr. Ian Rogers in January of 1992. Dr. Rogers subsequently diagnosed right carpal tunnel syndrome and the claimant underwent a right carpal tunnel release on December 4, 1996. The claimant was placed at maximum medical improvement on August 31, 1998 with a 3% permanent impairment rating with restrictions of avoidance of repetitive motions and lifting not to exceed 15 pounds.
The claimant then came under the care of Dr. Sean Wolfort in May of 2009. EMG studies of both arms which revealed nerve degeneration consistent with carpel tunnel syndrome. He recommended surgery, but claimant refused. The claimant was seen by Dr. Steven Kronlage in July of 2011. He also recommended surgical intervention, but the claimant told him that under no circumstance did she want surgery. The claimant returned to Dr. Kronlage in 2012, 2013 and 2014 and the doctor continued to recommend surgical intervention; however, the claimant continued to decline surgery. On April 10, 2014 Dr. Kronlage indicated he had nothing further to offer the claimant unless she wanted to pursue surgical intervention.
Following the October 2, 1990 accident, the claimant also received treatment for her chronic cervical spine and left shoulder complaints. She was seen by Dr. Charles Roth, an orthopedic surgeon, who placed the claimant at maximum medical improvement for her cervical strain on January 29, 1998 with a 2% permanent impairment rating and permanent restrictions of no heavy lifting with upper extremities.
The claimant has been referred or been seen by three psychologists for depression and pain disorder. She was last evaluated on May 19, 2015 by Dr. James Igleburger. He diagnosed pain disorder with associated psychological factors. Dr. Igleburger placed the claimant at maximum medical improvement as of May 19, 2015 with regard to any psychological or psychiatric component of the work-related injury or pain associated with the work related injury.
On May 2, 2002 the claimant injured her left knee while pushing a cart. The claimant was treated conservatively by Dr. Vatter for a left knee sprain. The claimant was diagnosed with left knee patellar pain syndrome and was placed at maximum medical improvement on September 12, 2002 with a 0% permanent impairment rating.
On November 3, 2004 the claimant injured her low back while carrying a floor fan. Following the November 3, 2004 accident, the claimant was initially diagnosed with lumbar strain, lumbar radiculopathy and leg sprain. The claimant was evaluated by Dr. Timmons on February 16, 2005. Dr. Timmons diagnosed lumbar degenerative disc disease, low back pain, bilateral lower extremity pain and foraminal stenosis. Dr. Timmons recommended epidural steroid injections; however, the claimant was not interested. The claimant returned to Dr. Timmons on March 16, 2005 with the chief complaint of low back pain. The claimant was working with restrictions and taking little pain medication. Dr. Timmons placed the claimant at maximum medical improvement with a 7% permanent impairment rating and permanent light duty restrictions.
The claimant underwent a second opinion evaluation by Dr. Shane Ver Voort for her low back on August 11, 2005. Dr. Ver Voort diagnosed degenerative lumbar strain. Dr. Ver Voort opined that the claimant has fully recovered from her work injury of November 3, 2004 and has no permanent work restrictions; however, the claimant should avoid heavy lifting and twisting at the waist.
The claimant returned to Dr. Timmons for her low back on November 9, 2005 and reported tremendous improvement and was working full time without restrictions. Dr. Timmons indicated the claimant is at maximum medical improvement with a 0% permanent impairment rating and no permanent restrictions. The claimant last followed up with Dr. Timmons on August 26, 2014 with a low back flare-up. The claimant still refused injections and was maintained on medications.
The claimant is unrepresented and the adjuster negotiated a settlement with the claimant directly. The parties ultimately reached an agreement to settle the entire claim for the total sum of $85,000.00, which includes a MSA of $24,648.00. The present value of PTD benefits is approximately $275,000.00 and medical exposure over the claimant’s life expectancy is approximately $105,500.00, including the cost of additional carpal tunnel surgery, for the three workers' compensation accidents.
The estimated medical exposure includes the claimant’s anticipated medication utilization, which currently amounts to approximately $6,700 per year. Over the claimant’s 15 year life expectancy, this equates to over $100,000.00 in anticipated medical expenses. The settlement is cost effective, given the present value of the potential exposure. All settlement monies will be the responsibility of Escambia County BCC as the total paid to date is within the SIR. This office concurs in the recommendation made by Mr. George Helm, an experienced workers' compensation attorney, who has been retained to represent the County in workers’ compensation matters by the Florida League of Cities.
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