A majority of the Commission held that the
claimant's employment caused her continuing problems after her carpal
tunnel release surgeries and doubled the arbitrator's award of temporary
total disability benefits. The Commission concluded the surgeon verified
the claimant's continuing symptoms. The dissent contended the claimant
failed to prove her work duties caused her carpal tunnel syndrome.
The claimant worked for defendant on a
production line, taking stacks of cheese from a conveyor belt. When the
claimant began to develop pain, numbness and tingling in her arms and
hands, she began treatment with a surgeon. The claimant underwent two
carpal tunnel surgeries and her surgeon kept her off work.
The claimant visited defendant's
occupational health physician, who placed her in a work hardening
program. After she completed the program, the defendant's physician
cleared her to return to work.
The claimant reported some improvement but
told her surgeon she suffered pain in both wrists. Although the surgeon
determined a recurrence of the claimant's carpal tunnel syndrome, he
refused to treat her again due to conflicts with the defendant's
physician. The claimant testified she developed worsening symptoms after
returning the production line.
The claimant saw a hand surgeon, who
performed surgery on her left median nerve. The surgeon restricted the
claimant's work activity to limit grabbing, twisting and lifting. He
also instructed her to refrain from performing repetitive movements for
more than one-third of the workday. The surgeon concluded the claimant
could return to work if the defendant modified her job. The claimant
testified she did not attempt to return to her job.
The defendant sent the claimant an
independent physician, who determined that the claimant's job did not
require her to use her hands and arms and that she either suffered from
normal aches and pains or was incompatible with the production-line
work. Another independent physician testified to inconsistencies during
the claimant's exams and concluded the nerve surgery was unnecessary.
The arbitrator found the claimant's injury
arose out of and in the course of her employment, and awarded her
temporary total disability benefits for 22 weeks. The claimant appealed.
A majority of the Commission modified the
arbitrator's award to include an additional 33 weeks of TTD benefits
from the date of the claimant's surgery to the date the surgeon
established her work restrictions. Although the two independent
physicians questioned the claimant's symptoms, the majority noted
claimant's hand surgeon, a more qualified expert on the matter,
established a causal connection to the claimant's employment.
The dissent argued the evidence failed to
support a causal connection to the claimant's work to justify an
additional 33 weeks of benefits. Moreover the dissent contended the hand
surgeon treated an independent problem separate from the claimant's
carpal tunnel syndrome.
