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Bass v. Jobbers of Raleigh2/5/2002
UNPUBLISHED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).
Jobbers of Raleigh, Inc. and Travelers Insurance Company ("defendants") appeal from an Opinion and Award of the North Carolina Industrial Commission awarding plaintiff workers' compensation benefits for an occupational disease. After careful consideration of the briefs and record, we affirm.
Plaintiff worked forty to seventy hours per week for Jobbers of Raleigh, Inc., an automobile parts supply store, from 1985 to 1992. Plaintiff operated a computer, answered the telephone, typed orders, wrote up packing slips, moved parts, performed inventory, packed orders, and cleaned the warehouse floor and bathrooms. Plaintiff stopped working in 1992 due to pain in her hands and was diagnosed with "CMC degenerative arthritis at the base of her thumb and carpal tunnel syndrome" in 1995.
Plaintiff, Jobbers, and Universal completed a Form 21 on 28 May 1992 which was approved by the Industrial Commission. It provided for a benefit of $403.33 per week to plaintiff. The Industrial Commission approved a Form 24 application to stop benefit payments to plaintiff on 29 June 1993. On 5 August 1994, the Full Commission affirmed the Opinion and Award of a Deputy Commissioner which concluded that the Form 24 was improvidently approved and awarded plaintiff $403.33 for her "continuing total disability."
Dr. Krakauer, plaintiff's treating orthopaedic surgeon, performed surgery on plaintiff in 1996 for "bilateral carpal tunnel syndrome and bilateral first CMC degenerative arthritis." On her arms and wrists, plaintiff received a " ight trapezial excisionand flexor carpi radialis suspension plasty," " ight carpal tunnel release," a " eft trapezium excision, interposition arthroplasty, and carpal tunnel release." After recovery from surgery, Dr. Krakauer placed plaintiff on certain work restrictions in December 1996. Plaintiff was to avoid repetitive gripping and pinching and was restricted from lifting in excess of 20 pounds.
Between 1992 and 1997, Jobbers experienced a downturn in business and was forced to reduce the number of its employees. Travelers Insurance Company assumed workers' compensation coverage for Jobbers on 3 February 1997 and plaintiff returned to work at Jobbers on or about the same date. Plaintiff resumed the duties she performed prior to her absence. After an appointment with plaintiff on 25 March 1997, Dr. Krakauer placed plaintiff on a six hour work day.
Shortly after her return to work, plaintiff began experiencing numbness and pain in both hands and arms between her wrists and elbows. On 22 August 1997, plaintiff stopped working due to the pain she suffered and her fear concerning the numbness in her arms. Plaintiff saw Dr. Krakauer on 19 September 1997 and 3 October 1997 and complained of pain. He recommended several diagnostic tests. Plaintiff's claim for benefits was denied by Travelers on 1 December 1998 and plaintiff filed a request for a hearing in January 1999. In February 1999, shortly before the first hearing, Dr. Krakauer was authorized to perform the recommended diagnostic tests. After the completion of these tests, Dr. Krakauer diagnosed plaintiff with cubital tunnel syndrome and recommended surgery. This matter was first heard before Deputy Commissioner Edward Garner, Jr. on 6 May 1999. An Opinion and Award filed 10 September 1999 denied plaintiff workers' compensati
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