Claimant is a 58-year-old woman with a long-standing history of asthma, who was hired by Employer as a corrections officer in 2007. On August 20, 2008, Claimant had a pulmonary function test which showed a mild obstructive ventilatory defect without significant response to bronchodilators. On February 9, 2012, Claimant was referred to Dr. Alicia King when she developed wheezing after a colonoscopy. Claimant complained of a productive cough and had audible wheezing. Dr. King referred Claimant to the emergency room, but Claimant declined due to work. Dr. King diagnosed asthma with acute exacerbation and instructed Claimant to go to the emergency room if her symptoms worsened.
Revised Form 31 (3/97)
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Issued by DIVISION OF WORKERS' COMPENSATION
Injury No. 13-067961
When Claimant saw Dr. King on February 14, 2012, she reported her breathing was worse after completing a course of Prednisone. She continued to have audible wheezing which decreased after nebulizer treatment. She again declined admission to the hospital. Dr. King diagnosed asthma with acute exacerbation. According to Dr. King, Claimant had an appointment with Dr. Stephen Lillard, a board certified pulmonologist, later that day, and she deferred to him on further steroid use. Claimant was advised to go to the hospital if her breathing worsened prior to her appointment with Dr. Lillard.
Claimant saw Dr. Stephen Lillard for the first time on February 12, 2012. According to his records, this was the first time Claimant had seen a pulmonologist. The history indicated Claimant had a life-long history of asthma, but had not been limited by it because she was an athlete doing a 10K and more. The records stated: "The patient at this time and over the four years has not been able to do much and in that time frame has been working at the prison exposed to the prisoners. She says they have kinds of infections and that is what she feels is contributing to her poor control of her asthma."
Claimant described her cough as "horrible" and noted no improvement with antibiotics, Prednisone, and a Dulera inhaler. Claimant said her aerobic exercise was limited by a right knee injury. Dr. Lillard noted a diffuse wheeze during her physical examination and her initial inspiratory effort resulted in a harsh coughing fit. His diagnosis was acute asthma exacerbation with history of recurring and worsening exercise limitation over the last several years. He recommended complete pulmonary function tests once her condition stabilized.
Claimant's February 28, 2012 chest x-ray did not show any evidence of acute cardiopulmonary disease, and there was no significant change noted since the x-ray on January 25, 2012. At the February 28, 2012 office visit, Claimant had a slight cough, but her physical examination was improved. Dr. Lillard's diagnoses were resolving acute tracheobronchitis with bronchospasm and probable underlying asthma.
When Claimant saw Dr. Lillard again on April 13, 2012, he again noted her history of lifelong asthma and seasonal flares. Claimant denied any coughing or shortness of breath but complained of wheezing when "really rushing." She said she avoided aerobic exercise due to knee issues, and did not report any shortness of breath with her weightlifting program.
Claimant saw Dr. King for respiratory issues again on December 20, 2012. She presented with complaints of continual cough and wheezing. She reported worsening wheezing after being exposed to mace a few days before. Dr. King's diagnosis was acute asthma exacerbation and acute sinusitis.
PRIMARY INJURY
Claimant testified she was working in the control center or "bubble" of the Lincoln County jail on July 7, 2013. She left the control center to use the employee restroom. While inside the restroom, Claimant heard a spraying noise and smelled an odor similar to a Lysol-like cleaning agent coming from outside the restroom door. Claimant testified the spray resulted in her suffering a major asthma attack and upon exiting the bathroom, she saw Sergeant John Daniels walking away with what appeared to be a can of Lysol. Claimant testified she reported the incident to Sgt. Daniels, and he was supposed to write an incident report.
WC-32-R1 (5-81)
Page 4
Issued by DIVISION OF WORKERS' COMPENSATION
Injury No. 13-067961
Claimant was out of the bubble for about 15 minutes after the incident and then went back to work. During that time, Claimant was coughing and attempting to get her coughing under control. Claimant finished her shift on July 7, 2013 and worked the next day as well. She did not seek medical treatment for this incident until July 11, 2013 when she saw Dr. Mojid in the Lincoln County Sheriff's Office Medical Department. Claimant testified she gave the nurse at the medical department a description of the incident and told her about the Lysol exposure and her symptoms.
The medical department's records indicate Claimant had a history of asthma and was having problems with shortness of breath, wheezing and dry cough. Dr. Mojid prescribed Vantin and a Medrol Dose Pak.
Claimant testified she has had asthma since birth, but her asthma was under control before July 7, 2013 and that it did not stop her from or living a normal life. Claimant testified before July 7, 2013, she ran every single day, 12 miles a day, and lifted weights three days a week. Claimant testified since July 7, 2013, she is no longer able to run marathons or engage in the same workout routine. She avoids going outside when it is humid, when her husband mows the yard, or when crops down the road have been sprayed. Claimant testified she is unable to use certain cleaning products. Claimant testified she spends most of her time at home watching television because of her breathing issues. She estimated she can only walk around 100 feet before she has to stop. She does not think she can hold a job because she has difficulty carrying on a conversation.
Ms. Brittany Watt testified she was a corrections office trainee at the Lincoln County Sheriff's Department on July 7, 2013. She described the size of the employee restroom as approximately three feet by five feet. On July 7, 2013 she was working at the booking desk. She observed Sgt. Daniels spray Lysol around the door of the employee restroom and in the hallway for approximately 20-30 seconds. Ms. Watt testified Claimant came out of the restroom coughing.
Thomas Jackson is a Deputy with the Lincoln County Sheriff's Office. In November 2013, he