A hearing was held in the above matter before the undersigned Administrative Law Judge on April 12, 2006. The employee appeared in person and by attorney, Matt Webster. Hartford Casualty Insurance Company was represented by, attorney, Tom Billam and American Manufacturer's Mutual was represented by, attorney, Ray Whitaker. Cara Harris, Assistant Attorney General, appeared on behalf of the Second Injury Fund.
The parties stipulated that the employee's average weekly wage was $\ 390.17 and that the workers' compensation rate was $\ 260.11. The parties further stipulated that American Manufacturer's Mutual had the workers' compensation coverage for the employer, Golden Business Forms, through July 31, 2001, and that Hartford Casualty Insurance Company had the insurance coverage beginning August 1, 2001. Additionally, at the time of hearing Hartford Casualty Insurance Company agreed to pay Dr. Grantham's bill of $\ 64.00 from March 9, 2004.
The parties indicated that the issues to be determined at this temporary hearing were: (1) Whether the alleged incident of occupational disease is causally related to the employment? (2) Whether the claimant has reached maximum medical improvement or is in need of medical treatment necessary to cure and relieve her of the symptoms of the occupational disease? (3) Whether the employee is entitled to temporary total disability benefits for the periods of November 22, 2002, through July 25, 2003 and July 7, 2004, to the present for a total of 126 weeks? (4) Whether the employer and insurer are obligated to pay for certain past medical care and expenses? (5) Upon a finding that the claimant has reached maximum medical improvement whether the employee sustained any permanent disability as a consequence of the alleged occupational disease, and if so, the nature and extent of the disability? (6) Whether American Manufacturer's Mutual or Hartford Casualty Insurance Company is responsible for the payment of the additional medical treatment and any additional unpaid benefits.
FINDINGS OF FACT
The employee testified on her own behalf at the hearing. Janie Wilson is 46 years old and lives in Lamar, Missouri. She was a long-term employee of Golden Business Forms. She began work there on May 10, 1988, and worked until she was terminated on November 22, 2002. She worked various positions with the employer over the years. Her last position being that of a "stripper." This job involved taking negatives, finding the center, then cutting them out on a slanted drafting table. The employee had reach "way up" to get orange vinyl required in this process. She testified that this job was very repetitive and hand intensive and required turning and twisting. As a part of this job she was physically flipping plates that were four feet in width. The employee indicated that she had no prior problems with her shoulders, arms, or hands. She began to have problems in both shoulder, but did not seek treatment in 2000 although she discussed it with the company nurse.
On May 3, 2001, she was required to move and work on the "jitter-johns." Her shoulders were burning, popping, and catching and she had tingling and burning in her hands. She went to Barton County Memorial Hospital emergency room on May 4, 2001. The emergency room diagnosis was of left knee and leg pain, left shoulder pain, and bilateral wrist pain. The emergency room gave her a shot and prescribed medicine and sent her to Dr. Christiansen. He indicated she was to wear braces on her wrists at all time. The employee treated with Dr. Christiansen from May 14, 2001, until July 20, 2001, without resolution of her symptoms.
She was then sent to Dr. Sprenkle in November of 2001. She was having problems with popping, catching, tingling, and swelling. She was diagnosed with bilateral carpal tunnel syndrome and left shoulder bursitis. He sent her to Dr. Duffield. Dr. Duffield performed electrodiagnostic studies which were negative on both upper extremities. Dr. Sprenkle ordered an MRI scan of the left shoulder which revealed an inferior labral irregularity. That MRI was performed on December 4, 2001. An x-ray of the left shoulder from that same date was negative. Dr. Sprenkle then referred the employee to Dr. Ogden. This, however, was not authorized. At that point in time there was a delay in care and treatment.
Employee was eventually seen by Dr. Sprenkle on January 3, 2002, for follow-up. There was no additional care and treatment until she was seen by Dr. Estep on January 6, 2003. This was after her termination date. At that point she was having shoulder pains, catching, popping, her hands were numb and swelling and she was not sleeping well due to pain in her hands. A CT arthrogram was done on the left shoulder on January 10, 2003. Therevealed a superior and posterior labral tear of the left shoulder.
The employee was sent to Dr. Esch February 3, 2003. Dr. Esch's opinion was that she had electrodiagnostically negative bilateral carpal tunnel syndromes with the left being worse than the right. She thencontinued to treat with Dr. Estep. In April 2003 Dr. Estep prescribed cortisone shots in her arms and shoulders, anti-inflammatories, and physical therapy. The employee was referred from Dr. Estep to Dr. Grantham on July 15, 2003. Dr. Grantham performed a left distal clavicle excision and left subacromial decompression on July 25, 2003. Then on September 19, 2003, he performed a right distal clavicle resection and right subacromial decompression. The employee continued therapy at Barton County Memorial Hospital.
On February 24, 2004, Dr. Grantham indicated that employee was at maximum medical improvement and that she had no restrictions and gave a two percent whole person impairment at that time. The employee went back to Dr. Grantham on March 9, 2004, at which time he diagnosed bilateral carpal tunnel syndromes. He later indicated she was having right upper extremity radicular pain and in May of 2004 noted that there was bilateral scapular dyssynchrony. She followed up with Dr. Grantham through June of 2004 when he again released her without restrictions. Dr. Grantham then lowered her rating to one percent whole person on July 8, 2004.
Dr. Koprivica evaluated the employee on September 11, 2004, for the second time. At that time he indicated that the employee was continuing to have swelling in her fingers bilaterally and that she had greater symptoms on the right than the left. She was having tingling in her fingertips and was using cervical traction at home as provide