The claimant, Lisa Higgenbotham, 47 years old as of the date of hearing, injured her left knee on June 5, 2006, when, while working at McDonald's, she was struck by a cooler door, causing her to fall on the knee. Ms. Higgenbotham received medical attention, including surgery on the knee
on January 30, 2007, by Dr. Tarbox. Ms. Higgenbotham had several unsuccessful returns to light duty work while recuperating.
After Dr. Tarbox recommended that Ms. Higgenbotham find a job that required less standing, Ms. Higgenbotham quit her job at McDonald's during the summer of 2007. Ms. Higgenbotham then worked as a prep cook at Maggies, a restaurant; Ms. Higgenbotham left Maggies in February of 2008, because her knee was still troubling her. Ms. Higgenbotham started using a cane to support herself in April of 2008, after she left Maggies and applied for social security benefits. Ms. Higgenbotham did not go to see the pain management specialist, Dr. Manish Suthar, suggested by Dr. Tarbox and authorized by the employer/insurer in late 2008, choosing instead to see her family physician, Dr. Eric Kondro. Ms. Higgenbotham did not avail herself of the authorized pain management because of Dr. Suthar's location in St. Louis, stating it was "too far."
Ms. Higgenbotham described herself as active prior to the left knee injury in 2006, but stated that her inability to work stems from her prior right hand injury combined with the left knee injury. Ms. Higgenbotham now walks with a cane to stabilize herself and has to alternate the hand with which she handles the cane. Ms. Higgenbotham elevates her left leg on a pillow during the day, has knee pain, and is tired, which causes her to need to lie down during the day.
Ms. Higgenbotham graduated from high school in 1978. Thereafter, she went to the University of Missouri in Columbia, Missouri, enabling her to receive her LPN license in 1979 and then her RN license in 1984. Ms. Higgenbotham had a daughter in 1978 and a son in 1980. Ms. Higgenbotham's son was born with a cleft palate, along with other congenital deformities, which required 27 plastic surgeries. During this time, Ms. Higgenbotham was taking care of her children, including care for her son during his multiple operative procedures, and working full time. Ms. Higgenbotham was married and divorced prior to receiving the education necessary for her RN licensure.
Ms. Higgenbotham testified to feeling tired and generally fatigued while caring for her son. She said that it was determined that she had the "trait" for sickle cell anemia and that vitamins and "catnaps" were recommended to her.
Ms. Higgenbotham remarried in 1985. In 1988, she let her nursing license lapse and worked as a bartender and in the fast food industry. In 1994, Ms. Higgenbotham had another son, Travis. Ms. Higgenbotham divorced in 1997.
In 2000, while working at GW Fiberglass, Ms. Higgenbotham sustained an injury to her right arm when part of a camper shell was dropped on the arm. Ms. Higgenbotham settled the ensuing workers' compensation claim based on a permanent partial disability of 17.5 percent of the right hand at the wrist. Ms. Higgenbotham stated that she did not return to two-handed factory work following that surgery on the right wrist in March of 2002. Ms. Higgenbotham described pain and discomfort at the wrist going up into and beyond the right elbow.
Travis has been living with Ms. Higgenbotham since early 2009; prior to 2009, Ms. Higgenbotham did not have custody of her son.
Dr. Eric Kondro, specializing in internal medicine and family practice, testified by deposition that Ms. Higgenbotham was a patient of his as of November of 2004. On February 6, 2008, Ms. Higgenbotham initially reported her continuing problems with her left knee to Dr. Kondro. Dr. Kondro "assessed her as having fibromyalgia, insomnia, and myofacial (sic) pain syndrome... specifically in the region of the left leg." In February of 2008, Dr. Kondro referred Ms. Higgenbotham to Dr. Kathleen Weaver to get a second opinion. Dr. Kondro diagnosed reflex sympathetic dystrophy in April of 2008 due to Ms. Higgenbotham's left knee status as "hyperactive response to touch and just exquisite tenderness." Dr. Kondro opined that Ms. Higgenbotham should be seen by a pain management specialist for her left lower extremity complaints. Dr. Kondro felt that given Ms. Higgenbotham's "lack of ability to use that limb,... her complicating factors of just being in pain and all the impairment that that brings mentally..and ...depression from a non-stop pain" that Ms. Higgenbotham would be unemployable. Dr. Kondro assumed that Ms. Higgenbotham's fatigue occurred after her left knee injury.
Dr. Kondro also testified, however, that it was the combination of right wrist and left knee injuries which caused Ms. Higgenbotham to be unemployable.
Dr. Kondro's charges for his treatment of Ms. Higgenbotham's left knee after the June 5, 2006, left knee injury are as follows:
| February 6, 2008 | $\ 30.00 |
| April 7, 2008 | 30.00 |
| June 2, 2008 | 30.00 |
| September 10, 2008 | 54.00 |
| January 13, 2009 | $\underline{54.00}$ |
Dr. Kondro did not have Ms. Higgenbotham's prescriptions filled in his office, so those charges were separate. Dr. Kondro prescribed the following medications for Ms. Higgenbotham from February 6, 2008, forward, when he began treating her for her left knee pain:
| February 6, 2008 | Vicodin, Trazadone |
| April 7, 2008 | Trazadone, Percocet |
| June 2, 2008 | Trazadone, Gabapentin, Vicodin |
| September 10, 2009 | Trazadone, Gabapentin, Vicodin and Piroxicam |
Dr. Kondro testified that the medications which he prescribed for Ms. Higgenbotham were for pain and insomnia and potentially neurological issues related to RSD. The Trazadone was for sleep and mood elevation and the Vicodin for pain control. Dr. Kondro described the Percocet as "quite a step up" from the Vicodin. Gabapentin is according to Dr. Kondro, a medication for nerve pain; Piroxicam is described by Dr. Kondro as a treatment for headaches.
Dr. David Volarich, D.O., testified by deposition that he evaluated Ms. Higgenbotham and prepared a May 7, 2008, report as well as an addendum dated September 12, 2008, as the result of the evaluation.
Dr. Volarich opined to a permanent partial disability of 50 percent of the left knee as the result of the June 5, 2006, fall. With regard to the right wrist injury, Dr. Volarich opined to " 35 percent permanent partial disability of the right upper extremity rated at the forearm due to the intersection syndrome and superficial radial sensory nerve entrapment that required surgical repair and decompression." Dr. Volarich generally described the restrictions he would impose on Ms. Higgenbotham as "with the lower extremities, I thought 15 or 20 minutes weight bearing before she needed to either lean against something or sit down for a little bit or take a break of some sort. I just thought that was appropriate because of the surface damage to the bone. I also recommended she avoid stooping, squatting, crawling, all the things that would aggravate that surface lesion. In the upper extremities, I didn't know that she could handle any more than maybe five pounds with the arm away, 15 pounds with the arm closer to her body because of her weak grip, and we've already documented how it was half of what the non dominant side was. So I thought these were important to place her possibly in another type of job where she could function safely." Dr. Volarich did not believe that Ms. Higgenbotham could return to nursing because of her "compromised" right hand and the danger of re-injury to the left knee by bumping into something.
Dr. Volarich found ongoing treatment of Ms. Higgenbotham's left knee necessary and the medications which Dr. Kondro was prescribing for management of the left knee, Tramadol, Nortriptyline, Percocet, and Gabapentin reasonable and appropriate.
With regard to future knee surgery, Dr. Volarich mentioned the possibility of a partial or total knee replacement because the damaged cartilage could progress; however, no additional surgery was recommended as of the May 7, 2008, evaluation.
During cross-examination, Dr. Volarich emphasized that it was the synergistic effect of the combination of the 2006 left knee injury and the 2000 right hand injury that caused Ms. Higgenbotham to have increased disability.
Mr. Timothy Lalk, vocational rehabilitation counselor, testified by deposition that he evaluated Ms. Higgenbotham on July 29, 2008. Mr. Lalk opined that Ms. Higgenbotham's primary impediments to a successful return to the workplace are the condition of her left knee and her "overall fibromyalgia which is, to her, flu-like symptoms with aching and soreness all over her body, and her doctor diagnosed her with fibromyalgia" in late 2007 or early 2008.
Dr. Brenda Woods, D.O., testified by deposition that she completed "a residency in physical medicine and rehabilitation, and specialized in that area." Dr. Woods evaluated Ms. Higgenbotham on April 17, 2008. At the time of Dr. Woods' evaluation, Ms. Higgenbotham complained of pain in her left knee, lower back, the areas of both shoulders, both pectoral regions, both wrists, and both forearms.
Dr. Woods diagnosed "pain in the joint involving the lower leg, which is the knee. I thought she had myalgia or myosotis, which is the ICD-9 code for fibromyalgia. I thought that she had other pain and disorders that were psychological factors, which refers to her depression and insomnia and other problems I thought she was suffering." Dr. Woods did not feel that Ms. Higgenbotham had reflex sympathetic dystrophy, but did believe that her symptoms were more consistent with a diagnosis of fibromyalgia. Dr. Woods opined that Ms. Higgenbotham's fibromyalgia preceded her 2006 work injury and that it was not caused by the work injury.
Dr. Woods opined to a permanent partial disability of 15 percent of the left knee as the result of the June 5, 2006, accident and injury Ms. Higgenbotham sustained at McDonald's and further opined that Ms. Higgenbotham needed no additional medication as the result of that injury to her left knee.
Dr. Woods stated that Ms. Higgenbotham's medications at the time that Dr. Woods saw her were Trazadone, an anti-depressant used as a sleep medication; Percocet, a narcotic pain control medication; and Gabapentin, an anti-seizure medication used for treatment of fibromyalgia and diffuse pain. Dr. Woods opined that these medications were not prescribed for treatment of the injury to the left knee.
During cross-examination, Dr. Woods commented on Ms. Higgenbotham's lack of improvement in symptoms after her treatment, including surgery for her 2000 injury to her right hand as evidence of her pre-existing fibromyalgia. Dr. Woods went on to say that the fibromyalgia negatively affected Ms. Higgenbotham's recovery from her left knee injury, especially as it pertained to the pain Ms. Higgenbotham experienced.Dr. Woods stated that Ms. Higgenbotham's "greatest exacerbation of her fibromyalgia actually seemed to have occurred even a couple years after her accident, where she reported the whole body type of pain, where she couldn't get herself out of bed and those types of things." Dr. Woods did not say that either the right wrist injury of 2000 or the left knee injury of 2006 exacerbated Ms. Higgenbotham's fibromyalgia, nor did she link the 2006 left knee injury to Ms. Higgenbotham's diagnoses of depression and anxiety. Dr. Woods was certain that Ms. Higgenbotham already had fibromyalgia in 2000 when she had her right wrist injury and believed the fibromyalgia dated back many years during the time when Ms. Higgenbotham complained of severe fatigue. Dr. Woods opined that it was the fibromyalgia that was limiting Ms. Higgenbotham from working "because she does have more bad days than she has good and she cannot some days even get herself out of bed."
Gary Weimholt, vocational rehabilitation consultant, testified with regard to his evaluation of Ms. Higgenbotham. Mr. Weimholt did not see Ms. Higgenbotham in person. Mr. Weimholt opined that Ms. Higgenbotham "at that level of background would have qualifications for sedentary kinds of occupations" given Ms. Higgenbotham's "education, ... post high school education, college level nursing, she had five years of good, solid nursing experience, and skilled
in that area, she had some level of computer literacy, and so my opinion is that a person at that level of background would have qualifications for sedentary kinds of occupations."
Mr. Weimholt stated that any finding of permanent and total disability would be premised not on "the last injury alone to her knee, [but rather]... due to overall presentation of her complaints, including the preexisting fibromyalgia in her right wrist."
Columbia Orthopedic Group records reflect Dr. Matt Thornburg's initial evaluation of Ms. Higgenbotham's left knee on June 27, 2006, at which time the "assessment" was "left knee pain, status post fall, patellar contusion, chondromalacia of the patella and probable incidental osteochondral lesion in the non-weightbearing surface." At the initial visit, Dr. Thornburg recommended physical therapy and anti-inflammatory medications. Dr. Thornburg's records of his visits with Ms. Higgenbotham reflect Ms. Higgenbotham's lack of improvement with conservative care.
On September 13, 2006, Ms. Higgenbotham initially met with Dr. Tarbox. Dr. Tarbox's "impression" is noted as "I feel she now has had an injury to her knee and has arthrofibrosis within her knee. We just need to really work on the physical aspect of her knee. I would start her on Neurontin to try to help break up some of this frozen aspect. I will return her back to work with the restriction of no prolonged standing and no repetitive bending, twisting or stooping." Dr. Tarbox continued to treat Ms. Higgenbotham with minimal success in relieving her pain; the December 6, 2006 record reflects Dr. Tarbox' "impression" of "left knee injury, now with full thickness medial femoral condylar injury at work." At this December 6, 2006, appointment, Dr. Tarbox' "plan" was to "set [Ms. Higgenbotham] up for left knee arthroscopy with chondroplasty of the medial femoral condylar lesion and will plan to do an OBI chondral implant." Dr. Tarbox operated on Ms. Higgenbotham's left knee on January 30, 2007; the operative note describes the procedure as " 1 . Left knee arthroscopy with abrasion chondroplasty of the patella. 2. Osteochondral transplant with OBI Trukor implant." When Dr. Tarbox saw Ms. Higgenbotham in follow-up treatment several times in 2007, he concluded that some of Ms. Higgenbotham's issues were "really a pain syndrome." On June 6, 2007, Dr. Tarbox released Ms. Higgenbotham to full duty work, but recommended that she find work which would not require her to stand. On August 6, 2007, Dr. Tarbox released Ms. Higgenbotham from treatment with a permanent partial disability of 15 percent of the left knee.
Dr. Tarbox last saw Ms. Higgenbotham on March 31, 2008, at which time he recommended that Ms. Higgenbotham see a pain specialist. Dr. Tarbox noted that Dr. Weaver had injected Ms. Higgenbotham's left knee with lidocaine without "any relief of symptoms at all."
Columbia Orthopedic Group records also include the notes of a February 29, 2008, evaluation by Dr. Kathleen Weaver of Audrain Orthopedics, P.C. Dr. Weaver's notes include a reference to "a known diagnosis of fibromyalgia." Dr. Weaver's "impression" is that of "referred pain versus reflex sympathetic dystrophy." Dr. Weaver performed a lidocaine injection into the knee.