In 2007, this then 49 year old claimant was a hospital patient care technician with job duties that entailed inserting catheters and IVs, taking patients' vitals, bathing and cleaning patients, and computer work that included inputting vitals.
On June 19, 2007, she suffered a lumbar strain/sprain while pulling a patient up in bed. Although she had a prior history of back pain, she testified that she never experienced back pain at work. As she was transferring a patient, she heard a "pop" in her back, in the upper lumbar and lower thoracic region. She reported the injury and was seen one time on the date of accident by Dr. Houchin for lumbar back pain. She complained of pain radiating from her lower thoracic to the lumbar region. On physical exam, she had tenderness from T9-T12 and lumbar spasms. X-rays were negative for fracture. Dr. Houchin diagnosed a sprain in the thoracic and lumbar regions. He prescribed Vicodin and instructed her to stay off work for two days, then return to work with no lifting over ten pounds, no repetitive bending, and no prolonged standing for the subsequent five days. She was also instructed to attend physical therapy. See Exhibit 5. The claimant never reported for physical therapy and did not seek further treatment. She testified that she has a lot of problems with her low back, especially while doing household chores. She continues to take pain medication to treat a variety of pain. She had no other treatment besides
her initial visit with Dr. Houchin and no physician had placed any restrictions on her for her low back. She also testified that she never requested any further treatment for her low back from her employer. After working light duty for a few days, she returned to full duty, which is 36 hours per week, three 12-hour shifts.
On November 9, 2007, the claimant suffered a torn rotator cuff in her right shoulder tossing a bag of laundry on top of a laundry cart. Dr. Houchin administered a shot to the shoulder and referred her to Dr. McAllister, who initially treated her conservatively. On December 13, 2007, Dr. McAllister evaluated the claimant, and an ultrasound suggested a partial-thickness rotator cuff tear. He continued work restrictions of no overhead activity and no lifting over 15 pounds. On January 21, 2008, he administrated a cortisone injection. After her shoulder pain persisted, she underwent a right shoulder arthroscopy with debridement of partial thickness rotator cuff tear, and subacromial decompression on April 29, 2008. After the surgery, the claimant underwent physical therapy and was placed on light duty. Dr. McAllister released her to full duty with no restrictions on July 28, 2008, while still receiving physical therapy. The claimant testified that her shoulder was just as bad, if not worse, than it was prior to her surgery. On September 8, 2008, she returned to Dr. McAllister with right shoulder complaints after moving a heavy patient at work. Dr. McAllister put her at maximum medical improvement and released her. See Exhibit 6.
On October 16, 2008, she reported some soreness after being shoved by a confused patient and striking her right shoulder on a closet door. Dr. McAllister opined that she sustained a minor contusion and that she was capable of working her normal duties. He noted she was starting a new job on the next day. He placed her at maximum medical improvement. Dr. McAllister opined the claimant has a 3\% impairment of the upper extremity at the shoulder, which is 2 % impairment of the whole person. See Exhibit 6.
On August 29, 2008, Dr. Vernon began treatment for the claimant's medical conditions and over the next 10 months, Dr. Vernon prescribed Vicodin, Xanax, Ambien, Z-pak, Flexeril, Cheratussin, Hydrocodone, Prednisone, Lexapro, and Celexa to treat her for asthma, PTSD, and facial pain stemming from her 2003 motor vehicle accident. On January 7, 2009, Dr. Vernon prescribed Wellbutrin. Dr. Vernon's April 21, 2009 office note reflects back spasms. See Exhibit 10 .
The claimant testified that she left her job with this employer voluntarily in October 2008 to work with a pulmonologist, Dr. Goldberg. The reason for her job switch had nothing to do with the duties she was performing for this employer. She also testified that she left her job with this employer because she needed a job that was less physically and mentally demanding. She testified that the new job offered a schedule of Monday through Friday with no weekends or holidays. She started working at Dr. Goldberg's office in October 2008, full time, 40 hours per week. She did not tell Dr. Goldberg about any physical limitation. Her duties included putting patients in rooms, performing pulmonary function tests, injections, providing instructions on inhaler use, and computer work. She testified that filing overhead was difficult and that she liked the position because it did not require any heavy lifting. However, she was terminated after three months employment.
She testified that she worked full time until the time of her discharge from Dr. Goldberg's office and had no restrictions or accommodations with regards to her back or shoulder. However, she testified that she would use a ladder rather than reaching over her head to retrieve items. She was terminated from her position at Dr. Goldberg's office, because her daughter came to see her after an automobile accident. She also testified that she was fired due to complications she had with her memory. She complained that she had issues operating the computer, misfiling paperwork, and properly conducting pulmonary function tests. The claimant maintained that her memory issues caused her to be written up by her employer and ultimately led to her termination. She testified that her daughter also visited her at work frequently, which also led to a disciplinary action.
After her employment at Dr. Goldberg's office, the claimant opined that she could not hold a job but applied for unemployment benefits. She then withdrew her unemployment application and applied for Social Security Disability. She testified that her memory issues prevented her from working in a medical office. She briefly attempted to sell Avon products, but her psychological issues caused her to fail that venture. She was not able to sell in public. She occasionally babysits her three toddler nieces and nephews, but not as often. When she does babysit, one of her daughters is always there to assist.
The claimant also testified that she still had continuing issues with her right shoulde