Angeline Thomas v. Rose Metal Products

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 03-089867

Employee: Angeline Thomas

Employer: Rose Metal Products

Insurer: Federated Mutual Insurance Company

Date of Accident: Alleged September 10, 2003

Place and County of Accident: Alleged Greene County, Missouri

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by section 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds that the award of the administrative law judge is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act. Pursuant to section 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated March 31, 2005, and awards no compensation in the above-captioned case.

The Commission finds that the administrative law judge correctly weighed and evaluated the lay and medical testimony in reaching his conclusions as to the issues presented. Reese v. Gary \& Roger Link, Inc., 5 S.W.3d 522 (Mo. App. E.D. 2002), Sullivan v. Masters Jackson Paving Co., 35 S.W.3d 879 (Mo. App. S.D.2001), Landman v. Ice Cream Specialties, Inc., 107 S.W.3d 240 (Mo. banc 2003).

The award and decision of Associate Administrative Law Judge L. Timothy Wilson, as issued, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 19^{\text {th }}$ day of August 2005.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Employee: Angeline Thomas

Injury No. 03-089867

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Befor the

Employer: Rose Metal Products

DIVISION OF WORKERS'

Employee: Angeline Thomas

Injury No: 03-089867

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: Rose Metal Products

Additional Party N/A

Insurer: Federated Mutual Insurance Company

Checked by: LTW/mp

The above-referenced workers' compensation claim was heard before the undersigned Associate Administrative Law Judge on November 4, 2004. The record was left open for the submission of additional evidence and briefs, resulting in the record being completed and submitted to the undersigned on or about December 31, 2004.

The parties entered into a stipulation of facts. The stipulation is as follows:

(1) On or about September 10, 2003, Rose Metal Products was an employer operating under and subject to The Missouri Workers' Compensation Law and during this time was fully insured by Federated Mutual Insurance Co.

The employer and insurer presented two witnesses at the hearing of this case - Richard Splitter and Bertha (Bert) Hunt. Also, the employer and insurer offered for admission the following exhibits:

Exhibit 1 ..... Medical Records from Springfield Family Physicians

Exhibit 2 ............... Medical Records from Ferrell Duncan Clinic

Exhibit 3 ................. Medical Records from Cox Medical Center

Exhibit 4 ................ Photographs of Office Desk and Work Station

Exhibit 5 ................. Records from Dubinick Chiropractic Group

Exhibit 6 ............................ Deposition of Steven Otto, M.D.

Exhibits 1, 2, 3, 4, and 5 were received and admitted into evidence at the time of the hearing of November 4, 2004. Exhibit 6 was received and admitted into evidence subsequent to the hearing on or about December 7, 2004.

In addition, the parties identified several documents filed with the Division of Workers' Compensation which were made part of a single exhibit identified as the Legal File. The undersigned took official notice of the documents contained in the Legal File which include: Claim for Compensation; Answer of Employer \& Insurer to Claim for Compensation; and Report of Injury. Also, the undersigned has filed with the Legal File Mr. Stang's Letter Dated December 8, 2004, and Ms. Turner's Letter Dated December 1, 2004.

The employee, Angeline Thomas, is 40 years of age, having been born on February 19, 1965. Ms.Thomas is a resident of Nixa, Missouri.

In or around September 1999, Ms. Thomas secured employment with Rose Metal Products, working as a data entry clerk. In this employment Ms. Thomas worked eight-hour days, and during the workday performed repetitive hand movements. The duties of Ms. Thomas included the following activity:

- Figuring time cards manually and posting the time to work orders for each employee;

- Entering house sales and work orders into the computer, which involved retrieval of files from filing cabinets, data entry of information, and refilling of files in the filing cabinets; and

- Filing and assisting in computer inventory control, which involved keeping track of materials and time spent on jobs.

According to Ms. Thomas, with each work order she entered ten to twelve items on the computer which required her repeatedly to look up and down, as she could not see the computer monitor screen and the work order at the same time. Additionally, Ms. Thomas noted that she did "keying in" most of the day, every day, and spent six hours a day on the computer. Also, Ms. Thomas would occasionally relieve the receptionist for lunch.

In addition, Ms. Thomas testified that, in the course of performing her work duties, she had to lower her chair to do data entry, but she was not required to hold her head and neck in a fixed position. Notably, she could generally control the pace of her work and the tasks she performed. Further, prior to beginning employment with Rose Metal Products and continuing through 2000, Ms. Thomas worked as a full-time student, studying computer programming at a local business college.

In February 2000 Ms. Thomas began to experience discomfort and pain in her neck, upper back, and upper extremities. In light of these symptoms, on February 4, 2000, Ms. Thomas presented to Robert L. Dubinick, D.C., for chiropractic treatment. At the time of this visit, Dr. Dubinick took a history of Ms. Thomas' complaints and noted the following,

The patient is a 34-year-old, white female. She works as a bookkeeper at Rose Metal Products. She is also a full-time student, studying computer programming. She is under quite a bit of stress. She denies any radiation of the complaints into the upper extremities. She gets occasional tingling sensations in her neck and upper back. These are related to increased exertional activity and demand place the musculature. Sitting seems to make it worse. Overall it seems to be getting worse. No palliative factors are identified.

Dr. Dubinick provided Ms. Thomas with chiropractic treatment consisting of hot packs and interferential current, and a series of manipulations. This treatment appears to have provided Ms. Thomas with some relief as her symptoms decreased and she received no further treatment for her symptoms until 2003.

stiffness / pain that had persisted for one day. Additionally, Ms. Thomas presented with complaints of headaches, which Dr. Fry diagnosed as migraines. In light of his examination and evaluation, Dr. Fry prescribed adjustments, medication, and physical therapy, which Ms. Thomas did not consider to be helpful. Following this receipt of treatment, and in light of Ms. Thomas continuing to experience complaints of pain, Dr. Fry prescribed an MRI of the cervical spine which proved to be negative. Following his review and evaluation of the MRI diagnostic study, Dr. Fry diagnosed Ms. Thomas with cervical disc disease. Although experiencing symptoms, Ms. Thomas continued to work and engage in her employment with Rose Metal Products.

In September 2003 Ms. Thomas sought and obtained medical leave, complaining that she was experiencing migraines and shoulder / neck pain, and believing that she could not do her job. On or about September 18, 2003, Dr. Fry took Ms. Thomas off work; and Ms. Thomas began receiving short-term disability benefits through Rose Metal Products. On September 30, 2003, Ms. Thomas filed a Claim for Compensation, alleging that, as a consequence of her employment with Rose Metal Products, she sustained a work-related injury involving her neck and upper extremities. Through this Claim for Compensation, Ms. Thomas requested that the employer and its insurer provide her with medical treatment and temp