The parties stipulated that Claimant was an employee of Employer; venue is proper in the City of St. Louis; and the Claim for Compensation was timely filed. The parties further stipulated that Bob Keefe, attorney for Claimant in prior Claims for Compensation, possessed records from Concentra Medical Center (Exhibit A) at the time the Stipulation for Compromise Settlement for Injury Number 03-038183 was prepared on July 29, 2003 (Exhibit 1).
The issues for determination by hearing are whether Claimant sustained any permanent partial disability as a result of the alleged injury; and whether Claimant is barred from bringing this Claim for Compensation as a result of the Stipulation for Compromise Settlement for Injury Number 03-038183.
Based upon the competent and substantial evidence, I find:
Claimant is a 45-year-old right-handed individual who worked for Employer on April 16, 2003. Claimant worked in production, which required him to use an air gun. As a result of using this air gun, Claimant developed right wrist and forearm pain.
Employer sent Claimant to Concentra Medical Center for right wrist and forearm pain on April 17, 2003. Claimant presented with multiple complaints to his right arm. Upon examination, Claimant reacted with pain with almost any extension of the wrist. A neurometrix test was done which showed the right median and motor nerve to be completely normal. Dr. Homan gave Claimant a wrist brace, diagnosed right hand pain, and released Claimant to return to work full duty and discharged Claimant from care. Dr. Homan had no explanation for Claimant's multiple complaints in his arm.
Claimant followed up at Concentra on April 28, 2003, complaining of continued weakness, numbness and tingling in his right thumb and forearm. Claimant had been off work for ten days because he did not feel he could go back to the air gun job. Claimant was diagnosed with right forearm and wrist tenosynovitis and asked to follow up in two weeks. The nurse practitioner who examined Claimant stated, "there is very little objective finding for this diagnosis and it is surprising that after ten days of rest, it is surprising to find this degree of weakness, however, strength testing is subjective."
On or about May 7, 2003, Claimant filed a Claim for Compensation under Injury number 03-038432 alleging, "trauma causing permanent injury. Employee sustained a burn to his wrist while working." The date of accident/occupational disease was January 2003. Claimant also alleged that he "needed and needs medical treatment for his injury".
Claimant returned to Concentra on May 12, 2003, with complaints of pain and weakness in his right forearm. Claimant was diagnosed by Dr. Homan with right forearm weakness. Dr. Homan could not find any abnormality and discharged Claimant again to full duty. Claimant testified that he did not receive any further treatment for his right arm after May 12, 2003.
On July 29, 2003, Claimant entered into a Stipulation for Compromise Settlement in Injury Number 03-038183 for a March 6, 2003, injury to his left ring finger. As part of the Stipulation, Claimant agreed to dismiss Injury Numbers 03038432 and 03-038433 with prejudice. The Stipulation also stated that the "settlement resolves all issues between employee and employer/insurer with respect to employee's left and right upper extremity." Claimant testified that he read this paragraph before signing the Stipulation. Claimant testified that he thought the Stipulation involved only a burn to his right arm.
The parties stipulated at hearing that Claimant's attorney who handled the prior Claims for Compensation and Stipulation for Compromise Settlement had the Concentra medical records of April 17, 2003, April 28, 2003, and May 12, 2003, in his possession at the time the Stipulation was entered into on July 29, 2003.
On or about September 5, 2003, Claimant filed this Claim for Compensation alleging injury to his right upper extremity with a date of injury of April 16, 2003.
Dr. Bruce Schlafly examined Claimant on November 3, 2003, at the request of his attorney. Dr. Schlafly indicated that his diagnosis was similar to the one given by the Concentra clinic, and diagnosed Claimant with tendonitis and tenosynovitis of the right wrist and forearm. Dr. Schlafly indicated that Claimant needed physical therapy three times a week for four weeks and that Claimant had sustained a 20 % permanent partial disability of the right upper extremity at the level of the forearm.
Dr. Sandra Tate examined Claimant on February 9, 2004, at the request of Employer. Dr. Tate noted symptom magnification on physical exam and inconsistencies in behavior. Dr. Tate noted that Claimant had high complaints of pain even though he had not worked over the ten months prior to seeing her. Dr. Tate opined that Claimant had reached maximum medical improvement and that Claimant could work unrestricted. Dr. Tate did not find any permanent partial disability.