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Grime v. Altec Industries6/11/2002
Opinion Vote: REVERSED.
Breckenridge, J. and Hardwick, J. concur.
Opinion:
Altec Industries, Inc. ("Employer") appeals the decision of the Labor and Industrial Relations Commission ("Commission") awarding Louis Grime compensation under Chapter 287, the Workers' Compensation Act, for an occupational disease. Employer claims that the Commission erred in affirming the Administrative Law Judge's ("ALJ") award of compensation because Mr. Grime failed to (1) establish that he sustained an occupational disease arising out of and in the course of employment; and (2) separate out any pre-existing disability from his current disability. The judgment of the Commission is reversed.
Facts
Louis Grime worked for Employer from 1984 until July 3, 1998. Employer manufactures digger derricks and lift machines that can be mounted on the back of commercial trucks. When Mr. Grime first began work with Employer, he was assigned to the paint booth where he sanded and primed steel booms that were fifteen to twenty feet in length. In sanding the booms, Mr. Grime was required to use a circular sander, a vibrating tool weighing approximately three to four pounds. Operating the circular sander required the use of both hands.
In 1986, Mr. Grime began experiencing problems with his hands. Employer sent Mr. Grime to see Dr. Jon Gaffney, a hand surgeon. Dr. Gaffney diagnosed Mr. Grime with bilateral carpal tunnel syndrome and performed a bilateral carpal tunnel release on Mr. Grime's wrists on August 27, 1986.
After surgery, Mr. Grime underwent physical therapy. In his last physical therapy session on October 16, 1986, the therapist stated that Mr. Grime was doing well and was able to accomplish daily living activities at home. The therapist also stated that Mr. Grime's range of motion was within normal limits and that he did not complain of numbness or tingling in his hands.
Dr. Gaffney last saw Mr. Grime on October 17, 1986, and reported that he was doing well and was pleased with the results of the surgery. Dr. Gaffney noted that Mr. Grime had no residual effects from the carpal tunnel syndrome. Mr. Grime was released to full duty on October 20, 1986. In a report to the Division of Workers' Compensation, dated December 31, 1986, Dr. Gaffney stated that Mr. Grime had "no disability rating."
Mr. Grime did not seek any treatment for carpal tunnel syndrome after Dr. Gaffney released him, and he did not miss any time from work because of carpal tunnel syndrome. Employer paid medical expenses of $2,267.62 and temporary total disability compensation of $1,669.44 representing 7 6/7 weeks. The Division of Workers' Compensation assigned Mr. Grime an injury number for his carpal tunnel syndrome, but because a conference was never set before an ALJ or legal advisor, Mr. Grime's file was later closed.
When Mr. Grime returned to work, Employer placed him in a department that built buckets. While in that department, Mr. Grime was required to use vibrating air tools and was occasionally required to sand buckets. In 1988, Mr. Grime complained to his supervisor that this job was bothering his hands and Employer transferred Mr. Grime to the warehouse. In the warehouse, Mr. Grime's tasks involved repetitive hand activity and lifting of up to one hundred pounds. Mr. Grime eventually retired from Employer on July 3, 1998, because his hands were bothering him too much to continue working for Employer.
In August of 1998, Mr. Grime filed a Claim for Compensation with the Division of Workers' Compensation seeking permanent partial disability benefits. Mr. Grime conceded to the ALJ that the statute of limitations expir
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