Joni Smith 5/20/2019 - Laserfiche WebLink

February 28.2019 Page 2 of 3 4. Stipulations: Employer and Claimant stipulate and agree that the following is true and correct: By way of procedural background,Claimant sustained an industrial injury in the course of her employment with the City of Everett on 3/14/14. The claim was assigned Claim No. SG86188.The claim was allowed and benefits paid. On 8/25/16,the Department directed the Employer to accept trochanteric bursitis as related to the industrial injury.On 9/8/16,the Department directed the Employer to pay time loss from 11/16/14 through 9/9115. After the Employer timely protested,the Department affirmed both orders on 12/6/16 and 12/7/16,respectively. The Employer timely appealed to the Board.Both appeals were granted and assigned Docket Nos. 17 11116 and 17 11117,respectively. Hearings were held and both sides presented evidence.On 2/23/18,Industrial Appeals Judge Myers issued a Proposed Decision and Order. The Industrial Appeals Judge determined the 12/6/16 Department order under appeal was incorrect and reversed and remanded to the Department to issue an order denying the conditions diagnosed as left greater trochanteric bursitis,left trochanteric pain syndrome, and left partial gluteus medius tear. The Industrial Appeals Judge also determined the 12/7/16 Department order under appeal was incorrect and reversed and remanded to the Department to find Claimant was not entitled to time-loss compensation benefits from 11/16/14 through 9/9/15. The Claimant filed a Petition for Review,which was denied by the Board on 4/24/18 and the Proposed Decision and Order became the final Decision and Order of the Board. The Department subsequently issued a ministerial order implementing the terms of the Board's decision on 5/9/18. Meanwhile,the Claimant filed a Notice of Appeal with Snohomish County Superior Court on 5/2/18,which was assigned the above-captioned Cause No. The parties stipulate and agree to the Findings of Fact and Conclusions of Law per the Board's 4/24/18 Decision and Order,attached hereto and incorporated herein by reference. The parties further stipulate and agree that if called to testify,Dr. James Champoux would state on a more probable than not basis: • As a result of the industrial claim,Claimant sustained a contusion of the low back and contusion of the left hip • For the residuals of the 3/14/14 industrial injury and/or its sequelae,Claimant reached maximum medical improvement and has no permanent partial disability. • As it relates to the 3/14/14 industrial and/or its sequelae,Claimant is capable of performing and obtaining reasonably continuous gainful employment without restrictions and on a full time basis. • Claimant is not totally permanently disabled due to the residuals of the 3/14/14 industrial injury and/or its sequelae. • Any inability to work as of 11/16/14 is not related to the residuals of the 3/14/14 industrial injury and/or its sequelae. Sidebar Settlement Agreement: The City of Everett and Joni Smith