Greene v. R.R. Donnelley & Sons Company, No. 93A02-0511-EX-1096 (Ind. App. 9/7/2006)
| Decision Date | 07 September 2006 |
| Docket Number | No. 93A02-0511-EX-1096,93A02-0511-EX-1096 |
| Parties | ANNA GREENE, Appellant-Plaintiff, v. R.R. DONNELLEY & SONS COMPANY, Appellee-Defendant. |
| Court | Indiana Appellate Court |
JAMES E. AYERS, Wernle Ristine & Ayers, Crawfordsville, Indiana, ATTORNEY FOR APPELLANT.
DONALD S. SMITH, CHERYL D. FINCHUM, Riley Bennett & Egloff, LLP, Indianapolis, Indiana, ATTORNEYS FOR APPELLEE.
Anna Greene appeals from a decision of the Worker's Compensation Board (the Board) in favor of her former employer, R.R. Donnelley & Sons Company (R.R. Donnelley), on her application for benefits for a work-related injury. She presents the following restated and consolidated issues for review:
1. Was a report by John McLimore, M.D., improperly admitted into evidence in violation of Ind. Code Ann. § 22-3-3-6 (West 2005)?
2. Did the Board abuse its discretion in failing to give weight to the reports of Todd Midla, D.O., and a certified rehabilitation counselor?
We affirm.
Greene was employed by R.R. Donnelley from July 1995 until November 2000. While working on an auto-punch machine on or about March 14, 2000, Greene reported to her employer that she was suffering right hand and wrist pain and swelling. Thereafter, R.R. Donnelley provided medical care and treatment for her with Osvaldo Acosta-Rodriguez, M.D. At the initial exam, Dr. Acosta-Rodriguez noted right hand swelling of unknown etiology. X-rays of her hand were taken, which came back normal. He sent her back to work with restrictions, provided her with a splint, and directed her to ice and elevate her hand. The following day, Dr. Acosta-Rodriguez proscribed Lodine, a nonsteroidal anti-inflammatory drug, and opined that Greene might have a ganglion cyst.
At a follow-up appointment on March 24, Greene continued to complain of right-hand pain and also began complaining of symptoms consistent with carpal tunnel syndrome in her left hand and wrist. Dr. Acosta-Rodriguez directed her to wear wrist splints on both hands and take Celebrex instead of Lodine. At an appointment on April 10, the doctor noted pain and carpal tunnel syndrome symptoms with regard to Greene's right hand and wrist. At this time, an EMG and nerve conduction studies were ordered. The results of these tests of Greene's upper extremities, performed on April 14, were essentially normal, with no evidence of carpal tunnel syndrome or ulnar neuropathy. Thereafter, on April 20, Dr. Acosta-Rodriguez diagnosed Greene with bilateral hand pain and dysfunction, instructed her to continue taking Celebrex, and referred her to a specialist at The Indiana Hand Center.
By summer, Greene had begun seeing James Creighton, Jr., M.D., at The Indiana Hand Center for bilateral wrist and forearm pain. Dr. Creighton ordered physical therapy for strength and conditioning of Greene's upper extremities. During physical therapy in July and early August, Greene consistently complained about her sore wrists and hands and noted on several occassions that she believed her condition would not improve as long as she was doing her same job. After nearly a month of physical therapy, her strength had increased, but there had been no decrease in her subjective complaints.
Dr. Creighton ordered a functional capacity evaluation (FCE) of Greene to assess her current level of physical capacities in order to determine her ability to perform her present job. At the time, her primary complaint was pain in both hands. The FCE, which was performed on August 9, revealed that Greene did not demonstrate a full and consistent effort during the evaluation and indicated that she "may be physically able to do more". Exhibits at 35. Upon reviewing the report, Dr. Creighton observed that the FCE "demonstrated inconsistencies and, therefore, no specific work restrictions could be recommended from th[e] report." Id. at 41. When Dr. Creighton attempted to review the results of the FCE with Greene on August 11, Greene became upset and accused Dr Creighton of being "one of the plant doctors being paid a lot of money." Id. After further discussion regarding Greene's lack of confidence in the care she was receiving, Dr. Creighton recommended that she seek care at another facility.
Thereafter, Dr. Acosta-Rodriguez referred Greene to John McLimore, M.D., at OrthoIndy for a second opinion. Dr. McLimore evaluated Greene on August 31. In his written report, Dr. McLimore detailed the history of Greene's injury and her subsequent medical treatment. As in the past, Greene reported that the initial onset of pain and swelling was in her right hand. Dr. McLimore noted that Greene's description of the pain was "somewhat ill-defined and nonspecific but may perhaps have been in the right dorsomedial hand/wrist region." Id. at 105. Dr. McLimore noted that Greene eventually began experiencing pain in the bilateral forearms and left-hand region. The doctor also noted Greene's negative x-rays and negative/normal EMG. With respect to the FCE, Dr. McLimore observed that Greene "apparently did not demonstrate full or consistent effort during the testing." Id.
After detailing the results of his physical examination of Greene, Dr. McLimore concluded his report as follows:
IMPRESSION: Reported work related incident 3/14/00 with residual myalgias in predominately the bilateral forearm region.
At this point, I reviewed the case with the patient in detail as well as her clinical examination. She is neurologically intact. She has full range of motion. She does not have any palpable myofascial band or trigger areas or tenderness. With detailed examination of her entire upper extremities, there is no evidence of vascular compromise and no evidence of thoracic outlet signs or symptoms or radicular complaints. She has a negative Spurling sign. She does tend to have some embellishment of symptomatology with description of her pain. She describes a gripping pain in her hand and forearm region whereby at times she feels that it swells so that the veins look like they are about ready to "blow up".
She repetitively questions me regarding the swelling in her hand, however, there is no appreciable at all today on examination. She also describes that her muscles get so tight that the muscle actually sticks out of her arm and looks like it is "coming out of the arm". She states this occurs quite frequently.
She states that nothing to date has been of benefit to her, including medication, icing modalities, splinting, anti-inflammatories and physiotherapy.
RECOMMENDATIONS: At this point in time, I do feel that indeed she has reached maximum medical improvement and is at a quiescent state. There is nothing further from a medical or therapeutic standpoint, in my opinion, that would dramatically change her outcome. I feel she has received appropriate treatment to date with lack of benefit. Her subjective complaints are disproportionate with her rather benign examination. Her exam is essentially within normal limits without neurologic compromise, restictive range or myofascial patterns or vascular compromise or evidence of thoracic outlet syndrome.
She does have, interestingly, some give-way weakness suggestive of possible functional overlay as well as non-anatomic sensory deficits of her hands in a rather diffuse inconsistent pattern.
I was able to review the [FCE] which for the most part deemed to be invalid. I did not see, based on her examination as well as review of her record and her [FCE], why she cannot return to full duties without restriction. Again, I feel she is at maximum medical improvement. She does not merit a PPI rating (0% PPI rating).
She can return to full duty status with no restrictions. No further medication is required. However, if she gets some discomfort with work activities, she can take over the counter Advil or Tylenol p.r.n. Otherwise she is formally discharged from my care.
Greene returned to Dr. Acosta-Rodriguez on October 9, "with similar signs and symptoms of right hand dorsum pain." Id. at 43. She exibited some tenderness and some soft-tissue swelling in an area of her right hand and wrist. Dr. Acosta-Rodriguez diagnosed possible enthesistis/second dorsal compartment tendinitis. He started her on a Medrol dose pack, provided her with a new splint, and directed her to ice the affected area. Greene was to return to work with restrictions of a wrist splint, no lifting of over five pounds, and limited use of her right hand. Dr. Acosta-Rodriguez also referred Greene to her third orthopedic specialist, Louis Metzman, M.D., to evaluate her hand pain and dysfunction and a right carpal boss.
Dr. Metzman examined Green on October 25, at which time Greene reported that both of her wrists and arms hurt, with the right hurting more than the left. In particular, Greene reported that whenever she was doing her regular job, her right hand swelled, a bump popped up on the back of her hand, and veins bulged out. Greene described pain in a different location on her left hand and explained that a bump did not pop out on that side when working. Upon examination of Green's upper extremities, Dr. Metzman noted:
She has full motion at the hands, wrists, elbows, and shoulders. Grip strength is good, perhaps a bit weak on the right as compared to the left.... Sensation is intact. The fingers are warm and well perfused. Radial pulses are intact. There is no specific tenderness to palpatation anywhere about either upper extremity. Finkelstein's test for De Quervain is negative. Tinel's at the medial nerve is negative as well. There is a palpable carpal bossing at the right side a little bit larger and symmetric as compared to the left side. This area, however, is not tender at this point. The lateral epicodyles are not tender. Resisted extension does not cause pain at the lateral epicondyle.
Id. at 45. Dr. Metzman...
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