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Smith v. Beasley Enterprises2/5/2002
UNPUBLISHED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 filed a workers' compensation claim on 22 April 1998 seeking benefits for her carpal tunnel syndrome which she alleges is an occupational disease. The deputy commissioner denied her claim and, on 15 December 2000, the Full Commission (Commission) issued an opinion and award affirming the deputy commissioner's holding.
The relevant facts as found by the Commission show the following: In 1988, plaintiff began employment as a deli worker ina convenience store owned by defendant. Her various job responsibilities included washing pieces of chicken and trimming any excess fat from them. To do this, plaintiff held the chicken piece in her left hand and used a knife with her right hand. During a normal workday, this task took between two to three hours to complete.
In June 1993, during an annual physical examination, plaintiff reported pain and numbness in both hands. However, no diagnosis was made at that time. On 20 January 1998, plaintiff sought treatment at Rich Square Medical Center. She reported to a physician's assistant, Delina Cooley (Ms. Cooley), that she had difficulty grasping items with her hands and that she had problems sleeping due to pain in her hands. After examining plaintiff, Ms. Cooley referred her to East Carolina Neurology in Greenville for nerve conduction studies. The referral was confirmed by Ms. Cooley's supervising physician, Dr. Gilberto Navarro (Dr. Navarro).
In March 1998, Dr. Rakesh Jaitley (Dr. Jaitley), a neurologist with East Carolina Neurology, performed nerve conduction studies on plaintiff's hands and arms. These studies suggested that she suffered from bilateral distal median entrapment neuropathy (carpal tunnel syndrome). Plaintiff notified defendant of this diagnosis. Shortly thereafter, she received steroid injections in her wrists.
On 1 September 1998, plaintiff was evaluated by Dr. John R. Leonard, III (Dr. Leonard), a neurosurgeon at East Carolina Neurosurgical Associates, at which time she complained that her symptoms were more severe in her left hand. Consequently, Dr.Leonard performed carpal tunnel decompression surgery on plaintiff's left arm. Following this surgery, Dr. Leonard instructed plaintiff to return to him if she had any further problems with her left hand or if she wanted to schedule surgery for her right hand. After a follow-up evaluation, Dr. Leonard opined that plaintiff had normal median nerve function in her left hand, and on 30 November 1998, he released her to return to regular duty work. Plaintiff had no further contact with Dr. Leonard, and she has not worked for defendant since June 1998.
We summarize plaintiff's assignments of error as two issues: (1) whether the Commission impermissibly disregarded the testimony of plaintiff's medical witnesses; and (2) whether the Commission erred in concluding that plaintiff had failed to establish her carpal tunnel syndrome as an occupational disease.
On appeal, the standard of review for a workers' compensation case is whether there is any competent evidence in the record to support the Commission's findings and whether these findings support the Commission's conclusions. Sidney v. Raleigh Paving & Patching, 109 N.C. App. 254, 426 S.E.2d 424 (1993). If the Commission's findings are supported by competent evidence, they are to be upheld even if th
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