Stage Dep't Store v. Magnuson

552 P.3d 288

2024 UT App 85

STAGE DEPARTMENT STORE and New Hampshire Insurance Company, Petitioners and Cross-respondents,

v.Shelly MAGNUSON, Respondent and Cross-petitioner,

v.Labor Commission, Respondent.

No. 20220825-CA

Court of Appeals of Utah.

Filed June 6, 2024

Original Proceeding in this Court

Eric J. Pollart, Attorney for Petitioners and Cross-respondents

Jay K. Barnes, Orem, and Virginius Dabney, St. George, Attorneys for Respondent and Cross-petitioner

Judge David N. Mortensen authored this Opinion, in which Judges Gregory K. Orme and Amy J. Oliver concurred.

Opinion

MORTENSEN, Judge:

¶1 Shelly Magnuson fell at work and suffered injuries. She made a claim for workers’ compensation benefits, ultimately claiming that she was permanently disabled. In light of her years-long history of significant pain complaints and a material dispute in medical opinions from various physicians concerning her diagnosis and the cause or causes of her symptoms, a medical panel was appointed. Subsequently, an administrative law judge (ALJ) confirmed a period of temporary disability but otherwise largely ruled against Magnuson, whereupon she sought review with the Appeals Board of the Utah Labor Commission (Appeals Board). The Appeals Board confirmed the ALJ’s determinations but extended the term of temporary disability by one year. Both the employer and Magnuson brought petitions for judicial review. We decline to disturb the order of the Appeals Board.

BACKGROUND¹

Pre accident Medical Conditions

[1] ¶2 Magnuson has suffered for many years from "chronic pain symptoms affecting various parts of her body, including her back, joints, arms, and legs." In 2010, a doctor described her as having an "off and on" history over the previous ten years with Sweet’s syndrome, which caused "pain in her back, arms and legs." Magnuson was also diagnosed with Hashimoto’s disease and fibromyalgia and had undergone several surgeries to her lower leg for an Achilles tendon injury. Magnuson’s pain, "primarily in [her] lower extremities," continued for several years. While the cause was unknown, the pain was associated with Sweet’s syndrome. Following several years of increased dosages of pain medication—reaching a point where they no longer provided "relief for her chron- ic pain diagnosis," Magnuson’s primary care physician referred her to a pain-management expert, Dr. Spencer Wells. In her initial visits with Dr. Wells, Magnuson described "low-back pain, joint pain, joint swelling, leg pain, muscle cramps, muscle pain, and muscle weakness." Dr. Wells prescribed her a "new pain-medication regimen for what [Magnuson] described as pain over her entire body and bilateral leg pain rated at a seven" out of ten.

¶3 In May 2014, just over six months before the accident at issue in this case, Dr. Wells diagnosed Magnuson with myofascial-pain syndrome, chronic pain syndrome, and chronic fatigue syndrome. Then in November 2014, just a month before the accident, Magnuson again described pain radiating "throughout her entire body," which "did not vary with the time of day." She described her leg pain as eight out of ten and as ten out of ten while working.

Accident and Post-accident Work

¶4 In December 2014, Magnuson was working as a store manager for Stage Department Store (Stage). In mid-December, she was in the back of the store receiving freight and sorting boxes. As she stepped off a pallet that was "six to eight inches" high, her right foot caught on some plastic wrap. Magnuson "fell backwards onto a metal clothing rack before landing on the concrete floor." As she fell, her back "struck the leg of the clothing rack," her "left buttock" hit one of the rack’s wheels, and her right arm "got caught on the rack." Magnuson immediately felt pain in her back and lay "prone on the floor for about 15 minutes" before rolling onto her side and crawling down the hall to the break room, where another employee eventually helped her to a chair.

¶5 This accident, occurred on the weekend and early the following week, an injury report was completed, and Magnuson returned to work. Until about May 25, 2015, she worked "light duty," before stopping entirely and receiving "paid temporary benefits" until June 1, 2015.

Post-accident Medical Care

¶6 Below we recount the medical care and evaluations Magnuson received following the accident.

¶7 Dr. Brooks. A few days after the accident, Magnuson sought treatment from Dr. David Brooks for "pain in her right arm and low back." She was diagnosed with "contusions on her right arm and left buttock." Dr. Brooks released Magnuson to "light-duty work." Later that month at a follow-up appointment, Magnuson reported her pain as nine out of ten, with "low-back pain radiating to her left leg," while the pain in her right arm was improving and the contusion discolorations were fading. She again received a "light-duty" work release and was prescribed physical therapy. In January 2015, she was "diagnosed with a coccyx sprain."

¶8 Dr. Allen. Also in January 2015, Magnuson saw Dr. Lex Allen for "low-back symptoms." An MRI revealed "severe facet degeneration bilaterally" and "moderate .. spinal canal narrowing" in portions of her spine. Dr. Allen noted tenderness in Magnuson’s hips and administered injections, which were unsuccessful in providing her relief.

¶9 Dr. Wells. Magnuson continued to receive treatment from Dr. Wells, the pain management physician she saw before her fall. In February 2015, she saw him for "low-back and bilateral leg pain." Dr. Wells diagnosed her with—among other things—low-back pain, lumbar spinal stenosis, and Sweet’s syndrome. Magnuson received steroid injections in her lumbar spine, which again did not provide relief. Dr. Wells increased the dosage of her pain medication. At another visit in April 2015, Magnuson said that her pain had worsened. Dr. Wells recommended she get a surgery consultation.² Dr. Wells also recommended a further increase in her pain medication dosage, a new medication, and pool therapy. In January 2016, Dr. Wells noted that Magnuson did not respond well to the new medication or the pool therapy and that she rated her low-back pain at eight out of ten. He opined that she "could not work in her condition."

¶10 Dr. Callahan (Stage Medical Consultant). In July 2015, Magnuson was examined by Dr. Michael Callahan at the request of Stage. He diagnosed her with, among other things, a "possible" bone contusion or fracture "hidden from x-rays." Dr. Callahan noted that Magnuson’s "complaints of ongoing low-back pain radiating into her left leg had not improved as expected." He concluded that the pain was "medically caused by a direct blow to her lumbosacral area on the date of the accident." He determined that she was "not medically stable" due to the work injury.

¶11 Dr. Vroenen. In January 2016, after Dr. Wells’s note about pool therapy, Magnuson saw Dr. Diane Vroenen, who noted that "most of … Magnuson’s pain symptoms were localized to the sacral area." Dr. Vroenen prescribed steroid patches, which successfully helped with pain control. She also recommended physical therapy, which Magnuson attended. Magnuson was prescribed medication for chronic arthritis and muscle pain. Dr. Vroenen did not opine on the medical cause of Magnuson’s pain but opined that Magnuson had "reached maximum medical improvement in a treatment note dated March 31, 2016."

¶12 PA Torgerson. In April 2016, Magnuson attended an annual checkup with Karl Torgerson, a physician assistant. Torgerson described Magnuson as "doing much better compared to a year prior" and noted that Magnuson "was pleased with the pain-management care" she received from Dr. Vroenen. He additionally noted that Magnuson felt "her pain was well tolerated and that she could walk without difficulty, but still had pain while sitting." There was no mention of low-back pain in the notes from this appointment. In a July 2016 follow-up visit, Magnuson mentioned difficulty walking because of back pain. And in November 2016, there was a note of low-back pain and a prescription for pain medication.

¶13 Dr. Fotheringham (Stage Medical Consultant). In June 2016, Dr. Bart Fotheringham evaluated Magnuson at the request of Stage. He recommended she stop using narcotic pain medication. He opined that muscle relaxers and non-steroidal anti-inflammatory medications were a better alternative. Dr. Fotheringham concluded that Magnuson "qualified for a 5% whole-person impairment rating due to her work injury." However, he noted that "he was not aware of the entirety of .. Magnuson’s prior history or conditions that would warrant apportionment of the rating."

¶14 Dr. West. In August 2017, Magnuson visited Dr. Kristoffer West for low-back and hip pain. In addition to other diagnoses, he diagnosed her with chronic low-back and leg pain. Dr. West recommended a spinal-cord stimulator trial.

¶15 Dr. Workman. Dr. Ryan Workman, a physician in Dr. Wells’s office, also recommended the spinal-cord stimulator trial. He placed the stimulator in Magnuson in January 2018. "Magnuson reported pain relief at a rate of 60%." The stimulator was permanently placed in March 2018, with Magnuson receiving continued follow-up appointments for adjustments to the stimulator with Dr. Workman. In May 2018, Magnuson still rated her pain as eight out of ten.

¶16 For several years, Magnuson received pain-management care, including steroid injections, narcotic prescriptions, a lidocaine infusion, and a ketorolac injection. While Magnuson experienced a "varying level of relief from the injections," neither those nor the physical therapy provided "lasting relief." And her reported pain level remained at eight out of ten.

¶17 Dr. Theiler (Stage Medical Consultant). Dr. Anthony Theiler evaluated Magnuson on behalf of Stage in November 2017 and again in April 2021. After the later evaluation, he opined that Magnuson’s work accident medically caused "only a gluteal contusion that had resolved." He further concluded...