Jacquelyn Courtney v. Springfield Rehabilitation and Healthcare Center

Employee: Jacquelyn Courtney

Employer: Springfield Rehabilitation and Healthcare Center

Insurer: Self-Insured

Date of Accident: Occupational Disease from July 1, 2002 onward

Place and County of Accident: Springfield, 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 September 19, 2006. The award and decision of Administrative Law Judge Robert House, issued September 19, 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 ___7th___ day of June 2007.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

AWARD

Employee: Jacquelyn Courtney

Employer: Springfield Rehabilitation and

Healthcare Center

Insurer: Self-Insured

Injury No. 03-143998 & 03-145417

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial

Two injury numbers were presented for determination at a hearing on July 10th, 2006. Injury Number 03-145417 involved a claim for bilateral carpal tunnel disease. The following issues were presented for determination in that case: 1. Whether claimant sustained an injury by occupational disease. Within that issue is the underlying question as to whether claimant was exposed to the hazards of an occupational disease. 2. Whether claimant was entitled to temporary total disability benefits from June 29, 2004, to August 16, 2004, for 6 6/7 weeks. 3. The liability

of the employer/insurer for past medical care. The parties agree that the issue of past medical benefits rises and falls with the issue claimants having sustained an injury by occupational disease. The parties further agreed that the past medical benefits amounted to $\ 7,926.83. That is the amount that Gretchen Long, Assistant Attorney General, representing the Department of Social Services, agreed to accept as medical having been provided by Medicaid for the alleged work-related occupational disease. The attorneys for the claimant and the employer/insurer agreed with the attorney for the Department of Social Services to that amount. 4. Nature and extent of disability.

Injury No. 03-143998 involving a left shoulder injury was also heard. The only issue in that case was the nature and extent of disability.

The parties agree that no benefits under the Workers' Compensation Law have been paid by the employer/self-insured. The parties additionally agreed that the average weekly wage was $\ 285.85 and that the workers' compensation rate for all purposes was $\ 190.56 per week.

Two witnesses testified at the hearing, claimant and Russell Lawler, director of nursing services at employer. Also testifying by deposition were Dr. P. Brent Koprivica, a board certified occupational medicine specialist (testifying on behalf of claimant) and Richard Evan Crandall, a board certified plastic surgeon with additional certification for hand surgery (testifying on behalf of employer/self-insured).

Claimant is a certified nurse assistant at Springfield Rehabilitation and Healthcare Center in Springfield, Missouri. She has worked for her employer since July 1, 2002. From claimant's testimony and the medical records, it appears the claimant was diagnosed as having carpal tunnel syndrome prior to her employment with Springfield Rehabilitation and Healthcare Services. Her employer at the time of her initial diagnosis of carpal tunnel syndrome was an employer for which she performed services as a certified nurse assistant.

Claimant testified that her duties at Springfield Rehabilitation and Healthcare Services involved performing the work of a certified nurse assistant which included getting patients up and dressed, brushing their teeth, brushing their hair, helping them to get dressed, changing their clothes when necessary (including changing Attends), lifting patients, repositioning patients, and bathing patients. Claimant testified that approximately 75 percent of the work she performed each day involved lifting and repositioning her patients. Claimant believed that lifting and repositioning the patients is what caused most of her problems with her hands and her shoulder. Claimant testified that over time, her hands would tingle and go numb and that she would also suffer pain in her hands. She stated that the problems gradually got worse over time.

Claimant first was treated conservatively by Dr. Griffin. She was later referred by Dr. Griffin to Dr. Edwin N. Roeder for surgery. Dr. Roeder performed bilateral carpal tunnel surgery on claimant. The surgery on the left hand was performed on July 1, 2004, and the surgery on the right hand was performed on July 15, 2004. Dr. Roeder noted that claimant had had early injections in her wrist and had used a cock-up wrist splint at night without benefit. He also noted that she had taken Tylenol and Naprosyn without benefit.

Dr. Koprivica, claimant's examining physician, opined that claimant's work was a substantial factor in the development of her bilateral carpal tunnel syndrome. Dr. Crandall, who examined claimant on behalf of employer/insurer, disagreed and found that claimant's work had no relationship at all to her carpal tunnel syndrome.

Section 287.063 sets forth the statutory basis for occupational disease. Relevant portions of that section are as follows:

1. An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, he is employed in an occupation or