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Alexander v. Autozone12/8/2004
AFFIRMED.
Marlena Alexander Gainey received a favorable award of temporary total disability benefits and penalties in this workers' compensation proceeding. Her employer, Autozone, contests the award, arguing that she did not demonstrate temporary total disability. Autozone also questions the existence of a causal link between her initial injury and her later diagnosis of carpal tunnel syndrome, which now requires surgery to correct. We affirm the trial court's award of benefits and penalties.
I. ISSUES
Autozone raises three issues on appeal. First, Autozone argues that Ms. Alexander is not entitled to receive compensation for temporary total disability because she did not show she was unable to engage in any type of occupation. Second, Autozone denies responsibility for Ms. Alexander's carpal tunnel surgery, claiming she offered insufficient proof that this condition stemmed from the original employment accident. Finally, Autozone challenges the trial court's imposition of penalties for its failure to pay Ms. Alexander's medical bills.
II. FACTS
Marlena Alexander Gainey worked for Autozone as a commercial driver, delivering auto supplies to customers. On October 11, 1999, while making a delivery, the starter she was lifting from her truck fell through the bottom of its box and injured her wrist. She returned to Autozone, but went to the emergency room later that night. Although the emergency room did not make a diagnosis, her family physician referred her to an orthopedist, Dr. J. David DeLapp, who determined that her left wrist was fractured. She was put in a cast, which was later removed and replaced to accommodate swelling in her wrist. Dr. DeLapp placed her on light duty and restricted her to lifting no more than ten pounds.
On January 4, 2000, the fracture appeared to have healed, and Dr. DeLapp released Ms. Alexander to full duty. On June 27, 2000, however, Ms. Alexander returned to Dr. DeLapp with wrist pain. She also had difficulty picking up objects. Dr. DeLapp diagnosed de Quervain's Syndrome in her wrist. According to Dr. DeLapp's deposition testimony, de Quervain's Syndrome is a common and well-documented complication in wrist fractures. Her condition did not improve, and Ms. Alexander had surgery to treat her de Quervain's Syndrome on July 31. Dr. DeLapp placed her on limited duty after the surgery. On August 24, he set a six week regimen of physical therapy to further improve her wrist. By the end of November, Ms. Alexander exhibited early symptoms of carpal tunnel syndrome, including numbness and tingling. Her symptoms were very mild, however, and her Tinel's and Phalen's tests-examinations used to diagnose carpal tunnel syndrome-were both negative.
On January 17, 2001, Ms. Alexander had surgery to remove a neuroma that had developed from her injury. She also had diminished sensation and increased numbness and tingling. Although her Tinel's test remained negative, her Phalen's test was now positive. She recovered from the neuroma surgery, however, and on January 31, Dr. DeLapp released her to normal activities as tolerated. On February 16, Ms. Alexander again returned to Dr. DeLapp with a painful mass in her wrist. Dr. DeLapp diagnosed this as a ganglion cyst, also a common and well-documented complication in wrist fractures, and scheduled her for surgery, as the cyst was painful and impaired Ms. Alexander's mobility.
Ms. Alexander was now experiencing pain and difficulty with everyday tasks, including work-related activities, despite extensive physical therapy and continued use of a brace. Dr. DeLapp testified that her deteriorating condition hampered her ability to perform her job. Where she
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