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Teresa Douglas v. Image Design Group, Inc.

Decision date: July 25, 20068 pages

Summary

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Teresa Douglas, who sustained occupational disease injuries to both wrists from repetitive trimmer work on an assembly line. The claimant was awarded permanent partial disability benefits of 22.5% for each wrist, along with unpaid medical expenses and temporary disability compensation.

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Caption

FINAL AWARD ALLOWING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 03-086962

Employee: Teresa Douglas

Employer: Image Design Group, Inc.

Insurer: Missouri Merchants \& Manufacturing Association

Date of Accident: January 1, 2003

Place and County of Accident: Jefferson 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 April 21, 2006. The award and decision of Administrative Law Judge Koren M. Mueller, issued April 21, 2006, 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 $\qquad 25^{\text {th }}$ day of July 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

NOT SITTING

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

AWARD

Dependents:N/ABefore the DIVISION OF WORKERS’ COMPENSATION Department of Labor and Industrial Relations of Missouri Jefferson City, Missouri
Employer:Image Design Group, Inc.
Additional Party:N/A
Insurer:Missouri Merchants & Manufacturing Association
Hearing Date:January 26, 2006, formally submitted February 23, 2006Checked by: KMM/bb for In

FINDINGS OF FACT AND RULINGS OF LAW

  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: January 1, 2003
  5. State location where accident occurred or occupational disease was contracted: Jefferson 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? Yes
  11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee worked a trimmer on assembly line performing repetitive work
  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: right and left wrists
  14. Nature and extent of any permanent disability: 22.5% permanent partial disability referable to the right wrist; 22.5% permanent partial disability referable to the left wrist, and 15% load.
  15. Compensation paid to-date for temporary disability: None
  16. Value necessary medical aid paid to date by employer/insurer? $2,049.00
  17. Value necessary medical aid not furnished by employer/insurer? 7,824.40
  18. Employee's average weekly wages: 260.00
  19. Weekly compensation rate: $173.34
  20. Method wages computation: by agreement

COMPENSATION PAYABLE

  1. Amount of compensation payable:
Unpaidmedical expenses:$7,824.40

74/7 weeks of temporary total disability (or temporary partial disability) ..... $\ 1,312.42

90.57 weeks of permanent partial disability from Employer ..... $\ 15,599.40

weeks of disfigurement from Employer

Permanent total disability benefits from Employer beginning, for Claimant's lifetime

  1. Second Injury Fund liability: Yes No X Open

TOTAL: $\ 24,836.22

  1. Future requirements awarded: None

Said payments to begin as of the date of this Award and to be payable and be subject to modification and review as provided by law.

The compensation awarded to the claimant shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

Michael C. Goldberg

FINDINGS OF FACT and RULINGS OF LAW:

Employee: Teresa Douglas

Injury No: 03-086962

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents: N/A

Employer: Image Design Group, Inc.

Additional Party N/A

Insurer: Missouri Merchants \& Manufacturing Association

Checked by: KMM/bb for ln

PRELIMIARIES

A final hearing was held on the above-referenced claim in the St. Charles Division of Workers' Compensation office on

January 26, 2006. Post-hearing briefs were received and the case was formally submitted on February 23, 2006. Michael C. Goldberg represented Teresa Douglas (hereinafter "Claimant"). Marylou Calzaretta represented Image Design Group, Inc. (hereinafter "Employer") and their insurer. Claimant appeared and was the only live witness to testify. Mr. Goldberg requested an attorney fee of 25 % of all benefits awarded.

The parties stipulated that on or about January 1, 2003 Claimant was in the employment of Employer working in Jefferson County, Missouri. The parties agreed to venue the hearing in St. Charles County for the convenience of the parties. The parties further stipulated that Employer and Claimant were operating under the provisions of the Missouri Workers’ Compensation Law and that Employer had notice of the injury and a claim for compensation was filed within the time prescribed by law. The parties further stipulated that Claimant's average weekly wage was $\ 260.00 and the rates for temporary total disability and permanent partial disability was $\ 173.34. Employer provided medical aid in the amount of $\ 2049.00.

The parties stipulated and agreed that the following issues are to be resolved:

  1. Occupational disease
  2. Medical causation
  3. Liability for $\ 7824.40 in past medical expenses
  4. Nature and extent of temporary total disability for the weeks of January 22, 2004 through March 15, 2004 totaling $74 / 7$ weeks
  5. Nature and extent of permanent partial disability

EXHIBITS

Claimant offered the following exhibits, which were admitted into evidence without objection:

Exh. A: Dr. Bruce Schlafly medical records

Exh. B: Jefferson County Internal Medicine medical records

Exh. C: Jefferson Memorial Hospital medical bills

Exh. D: Dr. Bruce Schlafly deposition taken December 29, 2004

Employer offered the following exhibit, which was admitted into evidence without objection:

Exh. 1: Dr. Henry Ollinger deposition taken March 9, 2005

The parties offered the following joint exhibits, which were admitted into evidence without objection:

Joint Exh. I: The Work Center ergonomic study

Joint Exh. II: Task Analysis Report

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Based upon the substantial and credible evidence, as well as the applicable law I find the following:

Only the evidence necessary to support this award has been summarized. Any objections not expressly ruled on in this award are overruled. Claimant testified she was hired by Employer in approximately October of 2002 as a trimmer. Her job as a trimmer consisted of a number of activities performed with both her right and left hands. Claimant testified she is right hand dominant. She worked on an assembly line finishing various products with custom company logos embroidered on each product. The products included t-shirts, polo shirts, sweat shirts, jackets and fleece. She pulled bundles of twelve products off a machine and worked on one garment at a time. She placed the garment on a table and used scissors to cut the excess backing around the embroidered logo. She used tweezer-like snips to cut extra threads between each letter of the embroidery. She also used a spray bottle to spray the embroidery and then tear off the scrap solvy from the embroidery. She held the backing on the garment with her left hand while she snipped with the right hand and pulled off the solvy with her right hand. She also held the spray bottle with her left hand while working with her right hand. Once the garment was completed she had to fold the products in a certain manner, bag the products, tag them and box them with boxes she had

built.

Claimant indicated she worked ten hours per day, at least four days per week with overtime required. She had a thirtyminute lunch and two ten-minute breaks each day. She estimated it took approximately twenty minutes to complete twelve shirts. She noted that if the material was fleece the job was more difficult and may take more time to complete because it was more difficult to use the scissors. She also had to thread the needle on the sewing machine. She estimated she completed 300-500 shirts per day.

Claimant agreed that the Task Analysis Report, marked as Joint Exhibit II, was consistent with her job duties at Employer. She testified she constantly used her hands at work unless she was on break. The Work Center Ergonomic Job Study, marked as Joint Exhibit I, concluded that a cycle of twelve shirts per cycle consisted of approximately 300 hand movements per cycle per trimmer. This equated to approximately 7500-9000 upper extremity movements per trimmer per shift. Tool hand movements listed a medium, steady motion with approximately 144 hand movements per cycle for both the right and left upper extremities.

Claimant testified that she began noticing tingling, numbness and tenderness in both wrists within a couple of months of working for Employer. She continued to perform her job duties with problems. Her hands progressively became worse until she was seen by her own physician, Dr. Patel. Dr. Patel recommended Naproxyn for four weeks, which did not help, and he then recommended a nerve conduction study. The study was performed at Jefferson Memorial Hospital on March 25, 2003 and demonstrated bilateral median entrapment. Dr. Patel diagnosed carpal tunnel syndrome and indicated to Claimant that it was related to her job. Claimant then notified her Employer of the condition.

Employer sent Claimant to Dr. Ollinger for an evaluation on June 5, 2003. Dr. Ollinger examined Claimant and opined that Claimant had carpal tunnel syndrome and that it's cause was idiopathic. He noted that Claimant had risk factors of female and over 40 years of age. Claimant testified he did not review any records with her, did not ask for the results of any testing performed and did not ask for a job description. Claimant then received a letter stating that her carpal tunnel syndrome was not work-related.

Claimant then sought treatment on her own and Dr. Patel referred her to Dr. Schlafly. She provided information to Dr. Schlafly and was examined by Dr. Schlafly on June 26, 2003. Dr. Schlafly confirmed the diagnosis of carpal tunnel syndrome. He performed a right carpal tunnel release and excision of a ganglion on January 22, 2004. He performed a left carpal tunnel release on February 12, 2004. Claimant testified the surgeries relieved the numbness in her hands and Dr. Schlafly released her on March 15, 2004. When she was released she noticed her hands tired easily, she continued to have weakness and some tenderness. She returned to Employer after her release and continued there as a trimmer until May of 2005. She left Employer when they moved their facility to St. Louis from Desoto. She sought and found a position that did not require her to use her hands repetitively. Her complaints at the time of hearing included continued tenderness, weakness, significant loss of grip strength and difficulty opening jars. She testified that she did not have hobbies such as crochet, guitar or computer work. She takes over the counter medications at times if her hands are tender.

Claimant testified that prior to working for Employer she did not have any complaints in her hands and worked fo

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