Telitha Miller v. Crown Linen Service

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 04-079295

Employee: Telitha A. Miller

Employer: Crown Linen Service

Insurer: AIG Claim Service, Inc.

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund (Open)

Date of Accident: Alleged May 12, 2004

Place and County of Accident: Alleged Mexico, 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 May 16, 2007, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Vicky Ruth, issued May 16, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 24^{\text {th }} \qquad$ day of August 2007.

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? No.
2. Was the injury or occupational disease compensable under Chapter 287? No.
3. Was there an accident or incident of occupational disease under the Law? No.
4. Date of accident or onset of occupational disease: Alleged - May 12, 2004.
5. State location where accident occurred or occupational disease was contracted: Alleged - Mexico, 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? No.
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 as a napkin presser. 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: Alleged - right wrist. 14. Nature and extent of any permanent disability: None. 15. Compensation paid to-date for temporary disability: None. 16. Value necessary medical aid paid to date by employer/insurer? N/A. 17. Value necessary medical aid not furnished by employer/insurer? N/A. 18. Employee's average weekly wages: $\ 424.96. 19. Weekly compensation rate: $\ 283.44. 20. Method wages computation: By agreement.

1. Amount of compensation payable: None.
2. Second Injury Fund liability: Left open.

TOTAL: NONE. 23. Future requirements awarded: N/A.

Employee: Telitha A. Miller

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents: $\quad \mathrm{N} / \mathrm{A}$.

Employer: Crown Linen Service

Add'l Party: Second Injury Fund

Insurer: AIG Claim Services, Inc.

On February 6, 2007, the claimant and the employer/insurer appeared for a final award hearing. The claimant, Telitha Miller, appeared in person and with counsel, R.L. Veit. The employer/insurer appeared through counsel, P. Pierre Dominique. The claimant and the employer/insurer submitted briefs on or about February 20, 2007. The parties agreed that the Second Injury Fund liability issues would not be determined at this hearing.

The parties made the following stipulations:

1. On or about May 12, 2004, the claimant was in the employment of the employer. The employee and the employer were both subject to the Missouri workers' compensation law. The parties agree that the Division of Workers' Compensation has jurisdiction and the venue is proper.
2. The employer's liability for workers' compensation was insured by AIG Claim Services, Inc.
3. The claimant notified the employer/insurer of her alleged injuries by accident or occupational disease and filed her claim for compensation within the time allowed by law.

1. The claimant's average weekly wage at the time of the accident was $\ 424.96, and her compensation rate was $\ 283.44.
2. The claimant did not receive any compensation for temporary disability benefits for the alleged injury.
3. The employer/insurer did not provide any medical aid for the alleged injury.

The issues to be resolved at hearing are as follows:

1. Medical causation for claimant's problems with her right wrist;
2. Nature and extent of any permanent partial disability;
3. Nature and extent of any temporary total disability; and
4. Liability of the employer/insurer for past medical expenses.

On behalf of the claimant, the claimant testified and the following exhibits were entered into evidence without objection:

Exhibit 1: Letter, dated 10/31/05, to Pierre Dominique.

Exhibit 2: Notice of Filing of Medical Report Purusant to Section 287.210, RSMo.

Exhibit 3: Dr. Raymond Cohen's Curriculum Vitae.

Exhibit 4: Dr. Cohen's report, dated 4/11/05.

Exhibit 5: Claim for Compensation, dated 5/12/04.

Exhibit 6: University Hospital records.

Exhibit 7: Medical records of Dr. Celso Velazquez.

Exhibit 8: Mexico Health Systems medical records.

Exhibit 9: Dr. Daniel Jost's medical records.

Exhibit 10: Dr. Eddie W. Runde's medical records.

Exhibit 11: Columbia Orthopaedic Group medical records.

Exhibit 12: Boone Hospital Center MRI reports, dated 7/12/04 and 8/16/04.

Exhibit 13: Audrain Medical Center MRI report, dated 5/20/04.

Exhibit 14: Letter, dated 6/28/06, to Pierre Dominique.

Exhibit 15: Second Notice of Filing of Medical Report Pursuant to 287.210, RSMo.

Exhibit 16: Second Curriculum Vitae of Dr. Cohen.

Exhibit 17: Dr. Cohen's supplemental report, dated 2/20/06.

Exhibit 18: Dr. Cohen's supplemental report, dated 5/17/06.

Exhibit 19: Boone Hospital Center medical records.

Exhibit 20: Medical bills from Boone Hospital Center.

Exhibit 21: Medical bills from Mexico Health Services.

Exhibit 22: Medical bills from Boone Clinic.

Exhibit 23: Medical bills from University Hospital and Clinics.

Exhibit 24: Medical bills from Columbia Orthopaedic Group.

Exhibit 25: Medical bills chart.

Exhibit 26: Wage statement.

Exhibit 27: Letter, dated 1/03/05, from Dr. Velazquez.

On behalf of the employer/insurer, the following exhibit was admitted without objection:

Exhibit A: Boone Hospital Clinic records.

Based on the above exhibits and the testimony of the claimant at the hearing, I make the following findings.

The claimant worked for the employer, Crown Linen Service, Inc., as a napkin presser. The claimant had worked for the employer for approximately 16 years. She testified that as a napkin presser, she lifted napkins out of a tray and placed them into a press. In addition to lifting the napkins into the pressing machine, the claimant would touch a switch when a

napkin was not clean and had to be rejected. She was also required to lift baskets and adjust them to the proper height. She stated that she would press approximately 12,000 to 13,000 napkins each day. The claimant testified that she has not worked for the employer since September 14, 2004. Upon cross-examination, the claimant acknowledged that she was recently approved for Social Security disability benefits due to rheumatoid arthritis.

The claimant testified that on June 1, 1998, she had an injury to her left hand; the injury was surgically repaired. The claimant testified that as a result of the injury to her left arm, she became more right arm dominant. She stated that she developed continuous pain in her right arm, and that in May 2004, she requested medical care from her employer. She indicated that the request was denied, and she subsequently filed a claim for compensation.

The claimant sought medical treatment on her own. An MRI report from Audrain Medical Center, dated May 20, 2004, lists the impression as lucent areas of the distal radius and ulna that appear arthritic in nature. The report also includes the question "Any history of rheumatoid arthritis or crystal deposition disease?" There was also a notation that there is some mild sclerosis present of the lunate, which is suspicious for avascular necrosis.

At the request of the employer, the claimant saw Dr. Eddie Runde on May 24, 2004, and July 16, 2004. Dr. Runde is an occupational and environmental physician. Dr. Runde indicated that the claimant has right wrist arthritis that is "not related to her work activities - either from a causal standpoint or from an aggravation standpoint." Dr. Runde recommended that the claimant not return to job activities involving "repetitive use of her right hand and wrist since those activities will worsen her pain and aggravate her arthritis...."

The claimant saw Dr. James Eckenrode for her right wrist several times, beginning with a visit on June 15, 2004. Dr. Eckenrode had seen her previously for her left wrist. Upon examination, he found that she had some swelling and some mild Capet ulnae syndrome. Dr. Eckenrode determined that the claimant had a rheumatologic condition, and he suggested that she see a rheumatologist. Specifically, he "told her the same thing I told her back in 2000. Ithink she ought to get a medical evaluation for possible rheumatologic disease." He also noted that "I still do not think she believed any of what I am telling her, and I have sort of had a discussion with her about the fact that if she does not believe me then why is she coming in to see me." In addition, he indicated that the claimant is "absolutely 100 % sure that this is caused by her job in a factory and not by any sort of medical or rheumatologic problem."

The claimant was seen by Dr. Bruce Pugatch at Mexico Health Services on or about June 24 and June 25, 2004. The claimant brought her lab results to the visit. Dr. Pugtatch's records indicate that "all laboratories were unremarkable except for a mildly elevated sed rate which can be suggestive of some inflammatory process but is fairly non-specific." Dr. Pugatch recommended that the claimant follow up with an orthopedist.

On June 25, 2004, Dr. Eckenrode examined the claimant again and told her that the blood tests showed that the rheumatoid factor and anti-nuclear antibody were normal, but her sedimentation rate was elevated. He again advised her that she had an abnormal x-ray of her right wrist, and suggested that she try cortisone injections; she was not interested. The doctor also noted that he felt that there was "something beyond just overuse at work that is going on here." Dr. Eckenrode gave her a note for work indicating that she could not do her regular job because of her wrist symptoms, but that she could perform a one-handed job if one was available. Dr. Eckenrode referred the claimant to Dr. Daniel Jost, a rheumatologist.

Dr. Jost examined the claimant on July 12, 2004. His impression was seronegative rheumatoid arthritis. His opinion was that this was not work-related. Dr. Jost examined the claimant again on August 5, 2004. Dr.Jost noted that he agreed with Dr. Eckenrode that the claimant has rheumatoid arthritis. Although the claimant was rheumatoid factor negative, "the anti-CCP antibodies came back high at 176. She was also found to have a hemoglobin of 11.2. Dr. Jost's assessment was that the claimant had "anti-CCP antibody positive rheumatoid arthritis, severe."

Dr. Eckenrode's records from August 13, 2004, indic