LaTonya Nelson v. BJC Medical Group

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 02-060295

Employee: Latonya Nelson

Employer: BJC Medical Group

Insurer: Self-Insured

Date of Accident: June 5, 2002

Place and County of Accident: St. Louis 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 July 22, 2005. The award and decision of Administrative Law Judge Edwin J. Kohner, issued July 22, 2005, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this $21^{\text {st }}$ day of December 2005.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

1. Are any benefits awarded herein? Yes
2. Was the injury or occupational disease compensable under Chapter 287? Yes
3. Was there an accident or incident of occupational disease under the Law? Yes
4. Date of accident or onset of occupational disease: June 5, 2002
5. State location where accident occurred or occupational disease was contracted: St. Louis County, Missouri
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes
7. Did employer receive proper notice? Yes
8. Did accident or occupational disease arise out of and in the course of the employment? Yes
9. Was claim for compensation filed within time required by Law? Yes
10. Was employer insured by above insurer? Self-insured
11. Describe work employee was doing and how accident occurred or occupational disease contracted: The employee, a billing clerk at a hospital, developed bilateral carpal tunnel syndrome.
12. Did accident or occupational disease cause death? No Date of death? N/A
13. Part(s) of body injured by accident or occupational disease:
14. Nature and extent of any permanent disability: 171 / 2 % permanent partial disability of the left wrist
15. Compensation paid to-date for temporary disability: None
16. Value necessary medical aid paid to date by employer/insurer? $\ 2,313.06

Employee: Latonya Nelson Injury No.: 02-060295 17. Value necessary medical aid not furnished by employer/insurer? $\ 1,523.29 18. Employee's average weekly wages: $\ 570.76 19. Weekly compensation rate: $\$ 380.52 / 329.42$ 20. Method wages computation: By agreement

1. Amount of compensation payable:

Unpaid medical expenses: $\ 1,523.29 4 weeks of temporary total disability (or temporary partial disability) $\ 1,522.08

All objections not previously sustained are overruled. Jurisdiction in the forum is authorized under Sections 287.110, 287.450 and 287.460 RSMo 2000, because the occupational disease was alleged to have been contracted in Missouri.

This thirty-eight year old claimant is 5 feet tall, weighs 150 pounds and now provides home day care for several children including her own. Before this employment, She had worked in Oklahoma as a claims processor or collector at two companies at the same time, Blue Cross/Blue Shield of Arkansas and CIT, until she moved to the St. Louis area in July 2001. From October 15, 2001, to August 2002, she worked for this employer as a billing clerk. In August 2002, she started working for Argent Company in Belleville, Illinois, but quit after twelve weeks due to hand pain.

Before moving to the St. Louis metropolitan area in July 2001, the claimant worked in Oklahoma City, Oklahoma, as a claims processor or collector at two companies at the same time, Blue Cross/Blue Shield of Arkansas and CIT. Her work for these employers involved phone work and computer work. She worked a total of fifty-five hours a week for these employers and spent about two to three hours per day at each employer working on the computer.

On September 12, 2001, the claimant went to a clinic for pain in both arms due to possible carpal tunnel. See Exhibit 3. She reported numbness in her hand and an inability to grip. See Exhibit 3. The pain started at her fingertips and radiated to her elbows. She also complained of weakness in her hands. See Exhibit 3. On September 17, 2001, the claimant underwent a sensory and motor nerve conduction test revealing moderate right median neuropathy at the wrist consistent with a diagnosis of carpal tunnel syndrome. See Exhibits 3, 4, 5.

Employment with this employer

The claimant began working in this employer's billing department on October 15, 2001, researching on the computer and typing notes into the computer. Her job tasks also involved filing, sorting mail, and telephone work. While using the computer, she used a mouse and the keyboard. She worked forty hours a week for this employer with two fifteen minute breaks during the day and a half an hour to an hour for lunch.

On November 8, 2001, the claimant filed a Notice of Accidental Injury and Claim for Compensation with the Oklahoma Workers' Compensation Court alleging carpal tunnel syndrome from repetitive computer use to her right hand, wrist, and arm with a date of accident or last exposure of May 2001. See Exhibits E, 3. The named employer on the Claim for Compensation was Blue Cross/Blue Shield of Arkansas. See Exhibits E, 3. In a Motion to set the case for trial, on March 21, 2002, the claimant, through her attorney, claimed temporary total disability from May 25, 2001, to the present and continuing and was also seeking medical treatment from May 25, 2001, to the present and continuing. See Exhibits E, 3. The claimant was working at BJC full-time when the Motion was filed alleging she could not work. The claim was denied on August 16, 2002. See Exhibits E, 3.

The claimant testified that she began having left hand pain in June or July of 2002. She testified that she initially noticed symptoms in her right hand in April or May 2002. The symptoms included numbness and cramping in her right hand and she noted that her symptoms would grow more painful at the end of the day.

On January 22, 2002, Dr.