05/25/2000
Was seen at The Work Clinic, Seattle, by Dr. Liberatore, who diagnosed right rhomboid strain and returned me to work with restrictions. Special instruction of, "self regulate to avoid activities that increase pain". To return on 06/07/2000.

05/26/2000
Back to emergency room due to increased pains in upper right back, rear shoulder.

05/31/2000
Revisit at The Work Clinic with Dr. Liberatore. Rediagnosed with right rhomboid and trapizius strain. Removed from work, re-check 06/05/2000.

06/05/2000
Follow up at The Work Clinic. Dr. Liberatore verified injury as caused by work. Returned to work with modified, light duty. Return for follow up 06/14/2000.

06/14/2000
Follow up at The Work Clinic. Dr. Liberatore reverified earlier diagnoses. Contined working with modified, light duty. Special instruction, again "self regulate to avoid activities that increase pain, use heat & home exercise program". Return on 07/05/2000.

06/20/2000----------(Oversight by Claim Manager)
Dept. of L&I file states that claimant was to return to work with a normal schedule as of 06/06/2000, though Dr.'s orders were for modified, light duty.

08/2000
Was referred to an Chiropractor Doctor and had two with visits him durning this month.

08/06/2000
Emergency room for right neck and back pain.

08/09/2000
Seen at The Work Clinic. Re-verified by Dr. Vera, right rhoimboid strain. Returned to work, no restrictions. Return in two weeks, 08/23/2000.

08/29/2000
Follow up at The Work Clinic with Dr. Liberatore. Returned to work, no restrictions. to re-visit 09/20/2000.

09/01/2000
Emergency room, diagnosed with "stretched or torn muscle or tendon in your back". Given Vicodin and to schedule with a Dr. Leifheit, D.O.

09/18/2000
First visit with Dr. Steven H. Leifheit, D.O., Musculoskeletal Medicine. Examination consisted of X-ray's and "the ole' high school physical", bend over, touch the floor, walk on your heels, on your toes, light running of Dr.'s finger or thumb down spine. I was asked to let him know if I felt any pain and when I did that, he wrote in his report to L&I that I showed "overreaction and inconsistent pain with palpation of the mid thoracic region". Yet his report also states that my injury is on the left, not reported right side of neck and arm. He reports finding: "Objectively, there were two significent abnormal findings: significant hypertonus (Claim Manager suggested to me that the Dr. was saying I was making an "ass" of my condition) and "ropiness" of the paraspinal musculature of the mid thorax, extending from approximately T10 to T5, more extensively on the right, and siginificant pain behavior, namely overreaction and inconsistent pain with palpation of the mid thoracic region". That my injury "can be found in those who abuse or overuse nicotine and/or have siginificant stress".

09/22/2000
Follow up with Dr. Leifheit. Was told what was found in the X-ray's. He stated that I had "perfect posture" and that I stood and sat properly.

10/02/2000----------(Oversight by Claim Manager)
Entered in claim file that Dr. Liberatore is reporting:
last seen on 8-29-00 did not show for the appt on 9-20-00; right rhomboid strain; returned to work and had a set back on 8-4-00 for unspecified reasons; treatment in the E.R. and follow up on 8-9-00; return to work full duty on that date; on 29th she (Dr. Liberatore) advised (L&I) (Injured Worker) 50% better and improving with chiropractic treatment.

10/06/2000
Dated letter from L&I asking Dr. Leifheit to determine if claimant "has reached maximum medical improvement, if so would you provide us with a closing examination or do you feel an independent medical evaluation would be appropriate". This was due to, as written, "(claimant) has had the recommended 120 days of conservative treatment for this injury".

10/20/2000----------(Oversight by Claim Manager)
Final visit with Dr. Leifheit. He stated and demonstrated, that aside from myself doing rotation of the spine (twisting) their was nothing he was able to assist me with in my injury.

10/27/2000
L&I file shows Dr. Leifheit reporting:
(he) closed claim; if symptoms increase recommend that claim not be reopened but that it is dealt with under private insurance. RCW 51.04.030 paragraph (1) - That the Department may recommend to an injured worker particular health care services and providers where specialized treatment is indicated...

11/13/2000
ORDER AND NOTICE:
"This claim is closed effective 11/13/00. Without further award for time loss or permanent partial disability."

11/27/2000
Seen at The Work Clinic, Dr. Vera, due to extreme pains and aggrivations of injury. Returned to work, modified, light duty. Special instruction: no lifting or use of right hand. To be re-evaluated in two weeks, 12/12/00.

11/28/2000
Logged in L&I file:
Changed Attending Physician to The Work Clinic. (Till now I have never chosen my Attending Physician, these "rules" had not been explained to me.)

12/01/2000----------(Oversight by Claim Manager)
Logged in L&I file:
notes from last visit to The Work Clinic. Request to refer to physical therapy, request for MRI if no improvement. Dr. suggested possible Fibromyaglia. Also noted, unknown to myself till receiving the file of claim, "should keep RSD (reflex sympothetic dystrophy) in my mind (claim manager) in the eifferential DX".
RCW 51.04.030 paragraph (1) - ...That the Department may recommend to an injured worker particular health care services and providers where specialized treatment is indicated... No reference in file that claim is re-opened.

12/06/2000
L&I file logged:
"abeyance order to 11-13-00".

12/07/2000
Return to The Work Clinic, Dr. Vera, diagnosed with right trapizius strain. Removed from work by Dr. due to work related injury. Re-evaluate in two weeks, 12/21/00.

12/09/2000
Emergency room, diagnosis, "thoracic strain - back strain". Given Demerol, Vistiral and Norflex. Rx for Soma and Vicaden. Told to see Dr. Vera at first opportunity.

12/21/2000
Follow up at The Work Clinic, Dr. Vera. Diagnosis remains right trapizius strain. Returned to work with restrictions, modified, light duty. Dr. requested for an re-evaluation in two weeks, yet Dr's office staff informed me that due to the claim being in abeyance, that if I did not pay for the visits myself, I would not be able to reschedule.

12/24/2000
Emergency Room.
Diagnosis:
1. right upper extremity pain
2. radiculopathy
3. conversion reaction.
Was given Demerol, Vistaril and Norflex. Instructed to follow up with thoracic surgeon as already scheduled, take over the counter ibuprofen as needed and ice to area, 20 min. every 2 hours.

12/27/2000----------(Oversight by Claim Manager)
Seen By Dr. William L. Clark, M.D., Orthopedic Surgeon. Referred from The Work Clinic. Reported symptoms of severe pains to right upper extremities, arm gets cold, numbness, weakness and stiffness to right side of rear shoulder, neck and arm. Given injection (unknown substance) and examined five minutes later with no improvement, indicating that "her pain is not subacromial in nature". Dr. reported "pain etiology is unclear". "She simply had a muscular strain and the time of the injury resulting in poor posture; this is in turn led to TOS (thoracic outlet syndrome) symptoms".

Same date, follow up at The Work Clinic. Dr. Vera removed me from work due to the diagnosis of right upper extremity pain, cervical radiculopothy. Re-evaluate in one week, 1-3-01.

12/28/2000
Called myself to L&I and reported as logged in file that since the date of original work injury that I am still suffering right rear shoulder, neck and arm pains. The pains, I told them, were the same pains, only now increased in intensity.

12/29/2000
Logged in file:
Employer called as not able to get worker back to work, please get a Vocational Ocupational Counselor if claim is reopened.

01/02/2001
Logged in L&I file.
Physical Therapists reports of 12-20-00 that after seven treatments there is still complaints of pain/spasms throught the right shoulder blade region.

01/03/2001
Follow up at The Work Clinic, Dr. Liberatore. Diagnosis still right trapizius strain. Still written off work by Dr. to be re-evaluated after follow up with Dr. Clark.

01/08/2001----------(Oversight by Claim Manager)
Logged in L&I file.
"1-31-01 off work being evaluated by Dr. Clark." (this is not a typo)

01/11/2001----------(Oversight by Claim Manager)
Logged in L&I file.
Physical Therapists, (other than the former) referred to by Dr. Clark, notes right TOS (thoracic outlet syndrome) and rhomboid strain. Coldness down her right arm into hand. Did not tolerate TENS treatments and that previous Chiropractor had said that she has a rib that keeps popping out.

01/12/2001
Logged in L&I file.
ER report of 1-24-00. (again not a typo)

01/19/2001
Claim re-opened, Receiving time loss again.

Outpatient at Hospital. Arthrogram, as set up by Dr. William Clark.

01/23/2001
Logged in L&I file.
Employer called to remind (claim manager) that light/modified duty was available for this worker.

01/24/2001----------(Oversight by Claim Manager)
Dr. Liberatore reported to L&I:
A protest of the claim closure so that Dr. Clark may do further testing and

This may be a compensatory type injury.

01/26/2001
Logged in L&I file:
Unable to work for period of 1/24 thru 2/24/01.

02/08/2001
Logged in L&I file:
Right trapezius strain / cervical strain.

02/09/2001
Logged in L&I file:
Rx dated 1-24-01 indiciant TOC (Thoracic Outlet Syndrome) / Rhomboid strain.

02/12/2001----------(Oversight by Claim Manager)
Check up at The Work Clinic. Dr. Liberatore diagnosed Right Trapizius strain, right shoulder adhesive capsulitis and questioning possibility of cervical disc disease and TOS.

02/22/2001
Emercengy room. Diagnosed with cervical disc disease and thoracic outlet syndrome. Given pain killers and told to follow up with L&I physician.

02/26/2001
Follow up at The Work Clinic. Dr. Liberatore again diagnosed right trapezius strain and right shoulder strain resulting from the industrial injury. Returned to work with modified / light duties. To re-evaluate in two weeks 03/12/01

03/2001
Re-check at The Work Clinic. Everything remains the same as before. Return in two to three weeks.

03/05/2001
Logged in L&I file:
Dr. released her for work, employer will let her come back two days a week; (claimant) afraid will loose her health care benefits.

03/09/2001
Logged in L&I file:
Report from Dr. Clark dated 1-24-01: Follow up on her right shoulder; Arthrogram showed slightly small capsul consistant with mild adhesive capsulitis; EMG was normal, did not show TOS or peripheral nerve entrapment. (claimant) States has made significant improvement with physical therapy. I do not think there is anything else I can do for her and have recommended she return to the Work Clinic.

03/12/2001 Logged in L&I file:
Physical Therapists opinion this is a soft tissue injury.

03/13/2001----------(Oversight by Claim Manager)
Logged in L&I file:
Time loss terminated as of 3-6-01. (when a worker is on an approved claim, with an approved injury resulting in his/her time loss, the Dept. of L&I is to pay time loss. I was released for modified light duty due to my industrial injury.)

03/26/2001
Re-check at The Work Clinic. Dr. Liberatore diagnosis right trapezius strain and right shoulder strain. Removed from work until 4/2, to return to work with modified light duty as of that date. Re-evaluate in two to three weeks.

03/27/2001
Logged in L&I file:
Vocational Rehabilation Counselor is assigned.

04/09/2001----------(Oversight by Claim Manager)
Logged in L&I file:
Job Analysis sent to Dr. Liberatore for Spa Attendant (claimant). This document is different then the copy the copy that I was given. Dr. Liberatore had turned the claim over to a Dr. Zietak 04/10/2001
Re-check at The Work Clinic. Same injury diagnosis. Still left on modified / light duty for work. Re-evaluate on 4/18/01.

Same date went to the emergency room. Diagnosed with swelling and pain in the right shoulder (and arm). Given Methocarbamol for muscle spasm and Celexa to reduce swelling and releive pain.

05/11/2001
04/13/2001----------(Oversight by Claim Manager)
Logged in L&I file:
Letter to Macaaron for patient history. (the letter was sent to some unknown Dr. in another state, this individual was a nurse practitioner in Seattle, which was information that had been provided them.)

04/17/2001
Dated letter from employer Gene Juarez Salons to Dr. Liberatore requesting to know if claimant could be placed in an light duty, front desk position. Everytime I asked my employer for this accomadation, because of my injury, they told me that I was "not front desk quality".

04/18/2001----------(Oversight by Claim Manager)
Logged in L&I file:
VOC (vocational occupational counselor) spoke with Dr. Zietak who does not feel there is much wrong with claimant. Mostly soft tissue damage.

04/19/2001----------(Oversight by Claim Manager)
Logged in L&I file:
(employer) offering position as customer service representative (receptionist). This "offer" was never extended to me.

04/20/2001----------(Oversight by Claim Manager)
Logged in L&I file:
employer wants to dismiss employee and asking what they should do. (L&I has been notified numerous times of this and the fact when I was, at a later date, terminated, that Gene Juarez Salons did alter a document that they turned into the State as a "notice of voluntary termination")

04/27/2001----------(Oversight by Claim Manager)
Logged in L&I file:
Review of injury by claim manager. Also reviewed job analysis (altered)which states in L&I file that there is no lifting and carring more than 10 pounds. Job analysis original, (by Steven J. Wood VRC of Whittail Management Group, Ltd., and actual job requirements) estimated weights carried at 20 pounds.

05/03/2001----------(Oversight by Claim Manager)
Dated letter from Highline Hand Therapy to Dr. Zietak asking why the Dr. was removing claimant from physical therapy when claimant had been "responding positively to the therapy that she was receiving".

05/10/2001----------(Oversight by Claim Manager)
Rx for exercise from Dr. Zietak to perform side lateral raises. At the time I could not raise my arm, held straight or bent, to my shoulder level. Have informed the different claim managers of this many times.

04/13/2001
05/11/2001----------(Oversight by Claim Manager)
Logged in L&I file:
Letter to Maccaron for patient history. (the letter was sent to some unknown Dr. in another state, this individual was a nurse practitioner in Seattle, which was information that had been provided them.)

05/22/2001----------(Oversight by Claim Manager)
Dr. Zietak reporting to claim manager that claimant feeling improvement is being made (thru physical therapy). Worker feels she has difficulty cleaning ceilings and the 12 foot height shower walls. Also hurts to scrub floors. Employer requiring lifting and carring of up to 20 pounds.

05/23/2001
Logged in L&I file:
From Steven Wood, VRC, Whittail Management Group, Ltd. Employer is willing to offer modified CSR position. Does appear she has skills as a receptionist. (I had asked to be moved to this type of position and was numerous times told, by management, that I was not front desk material.)

05/30/2001
Logged in L&I file:
entry from General Medical Nurse Practioner, dated 4-25-01, claimants medical provider for all general needs. To date only entry from this individual who had been caring for claimant for over two years.

06/04/2001----------(Oversight by Claim Manager)
Logged in L&I file:
VOC (vocational occupational counselor) closing, return to work, full duty at job of injury. (my injury was being exaserbated by the employers insisting I wash base boards and moasic tile walls. I had advised claim manager of this, but no apparent notes in file.)

06/08/2001
Logged in L&I file:
From Dr. Zietak, ...would like to wait just a little longer prior to providing closing exam.

07/13/2001
Logged in L&I file:
Dated 6-27-01, Diagnosis of industrial injury by Dr. Zietak, Thoracic Strain and right shoulder girdle strain.

07/25/2001
Logged in L&I file:
Dr. Zietak reporting from visit of 7-19-01, ..."washing the 9' high walls is what got things irritated on 6-30-01"... Returned to work with no restrictions.

07/26/2001
Logged in L&I file:
Change to Dr. Borg D.C. (Dr. of Chiropractic) This right of the claimant was denied by the claim manager on 7-30-01.

07/31/2001----------(Oversight by Claim Manager)
Logged in L&I file:
Employer would like VOC reassigned, worker is going to another Dr. who is taking her back off work.

08/16/2001----------(Oversight by Claim Manager)
Logged in L&I file:
Report from IME of 7-13-01. Dr.'s Valpey, M.D. and Zucker, M.D. diagnosed ...right shoulder strain, right shoulder periscapular and neck regional myofascial pain syndrome, cronic and related (to industrial injury of 5-22-00) ... Agree with Dr. Zietaks recommendation for short term physical therapy, (which I never received)...

08/21/2001----------(Oversight by Claim Manager)
Logged in L&I file:
Closed Claim

08/23/2001
Wrongful Termination by Gene Juarez Salons, Inc., SouthCenter. Informed claim manager, but was not interested due to claim having been closed, though I had not yet received any notice of such except that employer somehow knew and told me. I presented employer with a notice of not being able to work from Dr. Borg, they told Unemployment that I did not have any such note, but approx. a month later changed that story when requestioned on the matter by Unemployment. Employer as well altered a document that the turned into Unemployment regarding termination.

08/24/2001
Letter of protest from employer, Gene Juarez Salons, Inc.

10/25/2001----------(Oversight by Claim Manager)
Logged in L&I file:
She resigned on 8-23-01

11/10/2001
Emergency Room: diagnosis Cervical Disc Disease, given Vicoden (pain), Flexeril (reduce muscle spasms) and Prednisone (reduce swelling, relieve pain).

11/16/2001
Logged in L&I file:
claim manager entered treatment reports sent in by Dr. Borg. Also notes of keeping her off work due to industrial injury. Claim still considered closed.

12/31/2001
Logged in L&I file:
"From Dr. Clark only thing now the arthogram is there probable adhesive capsulitis no evidence of rotator cuff tear"

01/28/02
Attorney now representing, Small Snell Weiss & Comfort

04/19/02
Letter from Dr. Borg, DC, explaining why the claimants history is without findings from the medical profession, yet does present with an injury of muscular spasm in the cervical and thoracic spine, degenerative joint arthritis in the lower cervical spine, hypolordosis in the cervical spine, muscular weakness in the upper extremity, specifically C5, C6, C7, C8-T1 myotomes, postural imbalances and restricted motion in the cervical spine.
"EMG's, NCV, MRI and X-Rays, while great tools, tend to show mostly gross interruptions in neurological integrity. Chiropractic evaluation detects spinal subluxations, which usually include even minor compromises of nerve conduction not detectable with medical diagnosis of today."

04/22/2002
Claim re-opened for treatment.

05/02/2002
Letter of protest from employer, Gene Juarez Salons, Inc. stating that they wanted the earlier protest and closure of 08/21/01 to stand. Claim placed in abayence.

06/2002----------(Oversight by Claim Manager)
Dr. Borgs office called claim manager and asked when payment for services would be made, also asked if claimant could be referred to a neurologists for evaluation of possible RSD. Authorization given for paymant and referral. Claimant called claim manager to verify authorization to neurologists and asked if the Dr. was to be paid, would not claimant also be paid for time loss? Authorization for neurologists was verified, told no payment of time loss due to the claim being held in abayence.

07/03/2002
Began protest of L&I inappropriately handling of claims. Called and e-mailed Governor Locke, Senators and Representatives.

07/2002
Governors office called claims manager and asked why Dr. Borg was being paid for treatments and claimant was not receiving time loss. Claim manager said that claim was in abayence and an oversight had occured by paying the Dr., wanted to "thank" the claimant for bringing this to the dept.'s attention. Dr. would no longer be paid.

08/25/2002
Received a courtesy call from the Claims Manager to let Claimant know that the IME will be processed as soon as it is received.

08/27/2002
Received a courtesy call from the Claims Manager to inform Claimant that the IME information has arrived, he has reviewed it, his Supervisor is reviewing it with her Supervisor and they expect to make a decesion and will put it in writing either today or tomorrow. Claims Manager was then asked regarding timeliness of the claim in abeyance. RCW 51.52.060 Today was the 108 day of the abeyance.

09/06/2002----------(Oversight by Claim Manager)
Spoke with the Dept. of L&I "hotline" information 1-800 number. Heather verified receipt of the USPS certified protest to closure, received 9-3-02. She placed into the system a review date of next Tues. 9-11-02 for the Claims Manager. We were placed on hold for a lengthy period of time due to Heather's need to review the claim history to understand it's current status. Claim is reported to have been closed in Aug. 2001 and the recent abeyance re-affirmed that closure. When, in fact, the claim was opened in April 2002 and then placed in abayence for a time period beyond the stipulations of RCW 51.52.060. Certified letter was a written protest, if rejected, to be sent on to the Industrial Insurance Board of Appeals.