Claimant began working for Employer in 1999. On August 15, 2014, Claimant slipped in the mud as he was going down a hill and fell. He immediately felt a sharp pain in his left buttock, a strain in his low back, and a sharp radiating pain down his entire left leg. Claimant reported his accident to his supervisor Ted Hornbeck and he filled out a Report of Injury.
Claimant initially treated at Concentra with Dr. Gary Gray. He also saw an in-house orthopedic doctor and he also received in-house physical therapy. Claimant was then referred to Dr. Sandra Tate because the "injury was beyond their scope." Dr. Tate sent Claimant for more physical therapy and did three injections in his back.
Claimant then treated with Dr. Coyle on three occasions. Dr. Coyle looked at Claimant's MRI report and told Claimant he would require a four level fusion. However, Dr. Coyle told
Revised Form 31 (3/97)
Page 4
Issued by DIVISION OF WORKERS' COMPENSATION
Injury # 14-060538
Claimant if the surgery were not successful, Claimant would be in more pain than he was currently. As a result, Claimant did not undergo the surgery. Dr. Coyle released Claimant to return to work with restrictions on December 15, 2014; Claimant never returned to work.
Dr. Tate released Claimant to work at light duty capacity. However, Employer does not have any work that Claimant could perform with light duty restrictions. Claimant did apply for work at other places. Since he has always worked as a gardener or laborer, Claimant applied in those areas. Since 2015, Claimant has applied to work at over 20 businesses; he has never been offered a job at any of those businesses.
Claimant saw Ms. Skahan, vocational rehabilitation counselor, at the request of the Fund. In her report, she listed jobs Claimant could perform that did not require standing or sitting for long periods of time. However, when he applied for similar jobs, he was not hired.
Claimant continues to have pain in his low back that radiates into his left leg. Prior to Claimant's last injury, he never had radiating pain. Claimant has trouble sleeping due to pain in his left shoulder and back. He has to use heating pads to fall asleep and still tosses and turns throughout the night.
Prior to his last work accident, Claimant had many self-imposed restrictions. Claimant had difficulty kneeling and squatting because of his prior knee surgeries. After kneeling or squatting Claimant would experience numbness and have difficulty getting up on his own. Claimant would not do overhead work and tree trimming because it was too much for his shoulder. Claimant's supervisor would bring a young person to do that work and Claimant would act as the safety person or spotter.
Claimant could not cut the grass at work because it required him to sit for too long. If he was comfortable, Claimant could sit for 10 to 15 minutes. If he was being jarred, as he would be on a lawnmower, he could not sit for 10 minutes. Claimant could only walk for 15 to 20 minutes before the muscles in his back would tighten. In addition, after walking for 10 to 15 minutes, Claimant's knees would feel he had no control and would go in the opposite direction. Claimant could perform like shoveling, such as filling a trench; however, he could not dig the trench. At the zoo, they often had to dig 2 foot to 6-foot deep trenches for irrigation lines. Claimant could not perform any type of overhead shoveling.
Two or three years prior to his last injury, Employer hired an assistant for Claimant. Claimant's assistant would do the heavier work, and Claimant would supervise. Claimant was training his assistant about all aspects of his job. Before, he was given an assistant, Claimant would be given extra laborers to help with difficult tasks.
Claimant has undergone two surgeries on his left knee. He has soreness and discomfort in that knee every day. Claimant cannot depend on his left knee and often feels as though he is going to fall. Claimant has had one surgery on his right knee. He has soreness and stiffness in his right knee after trying to kneel or squat. Claimant has also undergone surgery on his left shoulder. Following that surgery, Claimant continues to have discomfort reaching above his head. Claimant He also has weakness in his left arm with pushing and pulling.
Revised Form 31 (3/97)
Page 5
Issued by DIVISION OF WORKERS' COMPENSATION
Injury # 14-060538
Often, pain in his left arm causes difficulty with sleeping. Occasionally, Claimant's arm stiffens up and he will have numbness down his arm into his fingers.
Although he has not had surgery on his right shoulder, Claimant has had difficulty with that shoulder including pain and discomfort. Claimant has also undergone two surgeries on his low back; one in the 1980s in