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Williams v. Sara Lee Corporation11/5/2002
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
Plaintiff Clara A. Williams (plaintiff) appeals from the Full Commission's Opinion and Award denying her workers' compensation benefits. In 1996, plaintiff was working at defendant Sara Lee Corporation (defendant-employer) in its danish and muffin department. On 30 April 1996, plaintiff saw the company nurse about pain in her shoulder and, on 1 May 1996, began a medical leave of absence from defendant-employer. Plaintiff subsequentlyfiled a claim seeking to recover benefits for occupational disease she developed in her hands, arms, neck and shoulders.
After defendant-employer denied plaintiff's claim for workers' compensation benefits, Deputy Commissioner Chrystal Redding Stanback conducted a hearing on the matter. Deputy Stanback denied plaintiff coverage under the Workers' Compensation Act, finding that plaintiff failed to present competent evidence that " position at Sara Lee Corporation placed her at an increased risk of developing and/or caused her to develop any occupational disease."
On appeal, the Full Commission affirmed the deputy commissioner's decision. In its Opinion and Award, the Full Commission found, in pertinent part:
4. On May 7, 1996, plaintiff was seen by Dr. Greig McAvoy and complained of a several month history of hand pain and more recent shoulder pain. Based upon these complaints, Dr. McAvoy ordered EMG/NCV studies. According to Dr. McAvoy's notes, plaintiff's EMG/NCV studies were normal.
5. On May 28, 1996, Dr. McAvoy's impression was that plaintiff was suffering from cervical radioculopathy on the left. Dr. McAvoy ordered an MRI scan of plaintiff's cervical spine. On June 11, 1996, Dr. McAvoy reported that plaintiff's MRI scan was normal. After examining plaintiff, Dr. McAvoy indicated that plaintiff could return to full duty employment effective June 24, 1996.
6. On June 28, 1996, plaintiff returned to Dr. McAvoy and continued to complain of shoulder pain. Dr. McAvoy performed a subacromial injection, after which plaintiff experienced immediate improvement. Dr. McAvoy released plaintiff to return to work on July 2, 1996.
7. On July 22, 1996, plaintiff returned to Dr. McAvoy complaining of numbness in the left-hand. After examining plaintiff, Dr. McAvoy's impression was that plaintiff was suffering from left rotator cuff tendonitis and mild bilateral carpal tunnel syndrome. Dr. McAvoy further indicated that his June 28, 1996, note was still in effect and that plaintiff could return to regular duty work.
8. Despite her release to return to work, plaintiff remained out of work on a leave of absence from July 26, 1996 until April 15, 1997.
9. On multiple occasions between July 12, 1996 and April 14, 1997, plaintiff was seen by Dr. James Bryant at Bryant Family Practice in Rocky Mount. On September 17, 1996, Dr. Bryant referred plaintiff to Carolina Neurology for EMG and NCV studies. According to the Carolina Neurology report of November 22, 1996, plaintiff's EMG/NCV studies were normal with no evidence of carpal tunnel syndrome.
10. On January 31, 1997, plaintiff returned to Dr. McAvoy continuing to complain of left hand and arm pain. According to Dr. McAvoy's notes, plaintiff had negative Tinel's and Phalen's tests and his impression was that plaintiff was suffering from left rotator cuff t
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