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Grime v. Altec Industries6/11/2002
the disease. Decker, 974 S.W.2d at 669.
The only medical evidence that Mr. Grime presented to support a finding of causation was a medical report from Dr. James Hopkins, dated July 14, 1999. In that report, Dr. Hopkins diagnosed Mr. Grime with an overuse condition of both upper extremities and assessed Mr. Grime with 15% permanent partial disability of the right upper extremity and 10% permanent partial disability of the left upper extremity, with a 15% loading factor. Dr. Hopkins ultimately concluded in the report that, " o the best of medical certainty, [Mr. Grime's] conditions are directly related to the injuries sustained originally in 1986 requiring carpal tunnel release bilaterally with residual problems extending to the present time."
Employer argued to the Commission that Dr. Hopkins' report failed to establish causation because the report did not specify that the percentages of disability attributed to Mr. Grime were the result of an occupational disease occurring after Mr. Grime's return to work in October of 1986.
In upholding the ALJ's award of compensation, the Commission first cited Dr. Jon Gaffney's December 31, 1986, report in which Dr. Gaffney concluded that Mr. Grime had no residual disability after his surgery in 1986. The Commission also cited Mr. Grime's testimony that he was able to return to work full-time, that he missed no work as a result of carpal tunnel syndrome until he retired, and that he was able to perform all activities of daily living without problems attributable to the syndrome. Based upon Dr. Gaffney's report and Mr. Grime's testimony, the Commission found that Mr. Grime had 0% permanent partial disability from having carpal tunnel syndrome in 1986. From that point, the Commission went on to conclude that:
"Dr. Hopkin's opinion [is not] fatal because he did not specify that his percentages of disability specifically resulted from an overuse syndrome after 1986. Dr. Hopkins refers to claimant's residual problems extending to the present time. Since he had no residual problems after treatment in 1986, the residual problems referenced by Dr. Hopkins necessarily started sometime later and are not inclusive of any disability from 1986."
Viewing the evidence in the light most favorable to the award of compensation, sufficient competent evidence did not exist to warrant the award of compensation. Dr. Hopkins' report fails to show the existence of a direct causal relationship between the conditions of Mr. Grime's employment, after Mr. Grime's return to work in October of 1986, and his occupational disease. While Dr. Hopkins' report does indicate that Mr. Grime is permanently and partially disabled, the report does not state that Mr. Grime's disability is directly related to the conditions of Mr. Grime's employment after October of 1986. Instead, Dr. Hopkin's report indicates that Mr. Grime's present condition is "directly related to the injuries sustained originally in 1986 requiring carpal tunnel release bilaterally." The Commission's reliance on the phrase "with residual problems extending to the present time" to support its decision is misplaced. Dr. Hopkins' report simply cannot be interpreted to establish that Mr. Grime's employment caused him to suffer an occupational disease after his return to work in October of 1986 or even that Mr. Grime's work conditions aggravated a previous injury.
Because Dr. Hopkins' report was the only medical evidence that Mr. Grime submitted to establish causation, and because Dr. Hopkins' report does not establish causation, Mr. Grime failed to show a direct causal relationship between the conditions of his employment and his occupational disease. The Commission erred in affi
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