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Ohl v. Workers' Compensation Appeal Board6/20/2002
Dolores Ohl petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming the order of a Workers' Compensation Judge (WCJ) that denied her claim petition. Ohl questions whether she met her burden of proving that she suffered a work-related injury on January 11, 1999, when both her treating physician and her employer's physician opined that she suffered work-related right carpal tunnel syndrome that required surgery and that she has symptoms of left-sided carpal tunnel syndrome resulting from her employment.
Ohl testified and presented a medical report from her treating physician Dr. Robert W. Mauthe, dated July 21, 1999. Employer Bar Sew, Inc. (Bar Sew) offered the medical report of Dr. Stephen L. Cash, dated August 9, 1999. Ohl testified that she had worked for Bar Sew since June of 1997 in the job of "setting sleeves." N.T. at pp. 4, 11. Although she had some difficulty with her arm before she started with Bar Sew, she never missed work because of it and was able to effectively perform her job when she started. Ohl's right arm worsened around May 1998, but she continued to work. She stopped working on January 11, 1999 because her fingers were altogether numb and she had pain all the way to her elbow. The twisting movement involved with tying a bundle then moving it to the sewing machine caused her pain in her right arm. She reported the problem to her supervisor when she left work. On January 26, 1999, Dr. Carl Weis performed surgery on Ohl's right wrist and hand. Pursuant to Dr. Weis' direction, on March 29, 1999, Ohl returned to her regular job at Bar Sew. After her return she had loss of feeling in her right thumb, but she had no other problems with her right arm.
Dr. Mauthe stated in his medical report that he examined Ohl on July 21, 1999 in follow-up of her continued complaints of bilateral pain and numbness in her hands. He indicated that Ohl previously had developed pain and tingling in her right hand and had undergone a carpal tunnel release, after which she did extremely well and was anxious to return to work. Dr. Mauthe performed an electromyogram and a nerve conduction study, which revealed carpal tunnel syndrome in Ohl's left hand as well. He opined that Ohl's diabetes rendered her susceptible to carpal tunnel syndrome but that her sewing activities for Bar Sew caused the condition in her left arm. He found evidence of arthritis in her right thumb, but he did not believe that this condition was related to her employment.
Dr. Cash stated in his report that he performed an independent medical examination of Ohl on August 9, 1999. She informed him of her forty-year work history as a sewing machine operator. His report stated in part:
This patient clearly developed right carpal tunnel syndrome which has responded well to the surgery. She is now starting to develop some left sided symptoms and she also developed triggering of the right thumb. I believe that the carpal tunnel and trigger of the right thumb is due to combination both of her work actives as well as underlying diabetes which pre disposes her to these types of problems. Currently she is working at her job full time and is able to tolerate this. Exhibit D-2, Report of Dr. Cash at p. 2.
The WCJ stated that Dr. Cash rendered a clear and unequivocal opinion concerning Ohl's condition. The WCJ expressly accepted Ohl's testimony as competent, credible and worthy of belief, accepted Dr. Cash's report as competent, credible and worthy of belief and accepted Dr. Mauthe's report to the extent that it was not inconsistent with Dr. Cash's report. The WCJ stated, however, that neither doctor rendered a clear and unequivocal medical opinion that Ohl's r
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