Hoffman v. Whitehead Oil Company2/12/2002
Not designated for permanent publication
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
I. INTRODUCTION
Whitehead Oil Company, doing business as U-Stop, and Employers Mutual Companies, hereinafter collectively referred to as "Whitehead," appeal from an order of a review panel of the Workers' Compensation Court which affirmed an award of benefits to Laura Hoffman. On appeal, Whitehead challenges the compensation court's findings concerning the extent of Hoffman's injuries and its finding that the injuries were sustained as the result of a single accident. Because we find the court's findings to be supported by adequate evidence in the record, we affirm.
II. BACKGROUND
The parties stipulated that Hoffman sustained a work-related accident on December 20, 1997. On that date, Hoffman injured her right wrist while lifting a bundle of newspapers. According to Hoffman, her wrist "popped" while lifting the newspapers. The parties further stipulated that appropriate notice of the accident was given to Whitehead.
The medical records received at trial indicate that between December 22, 1997, and the time of trial on May 10, 2000, Hoffman underwent a significant amount of medical treatment. At various times, Hoffman complained to treating physicians about pain, swelling, and discoloration in her right wrist, her right forearm, her right hand, her right fingers, and her right thumb. Eventually, after June 1998, Hoffman complained to treating physicians about problems with her left wrist, left thumb, and left hand. The evidence indicates that Hoffman's problems with her left wrist, thumb, and hand developed as she was using only her left hand to perform work functions and was "overusing" it.
On June 8, 1999, Hoffman filed a petition seeking benefits. In the petition, Hoffman alleged that she suffered work-related accidents which caused injuries to both her right and left upper extremities. Specifically, she alleged a traumatic event on December 20, 1997, in which she injured her right wrist and that she suffered an injury to her left upper extremity on June 9, 1998, as a result of using only her left hand to complete work functions.
On September 13, 2000, the compensation court entered an award granting benefits to Hoffman. The court found that Hoffman was injured in the scope of her employment on December 20, 1997. The court then detailed over seven pages of specific complaints and treatments noted in the vast medical record from this case. These specific complaints and treatments include complaints and treatments relative to Hoffman's right wrist, her right forearm, her right hand, her right fingers, her right thumb, her left wrist, her left hand, and her left thumb. The court quoted the following portion of a March 2, 2000, letter from one of Hoffman's treating physicians, Dr. Dennis Bozarth: "'I think that all of her treatments so far have been related basically to the initial complaint that she had from her initial injury.'" Based upon the quoted portion as well as the other medical evidence, the court concluded that Hoffman had suffered a compensable injury to her right forearm, wrist, hand, fingers, and thumb, and her left wrist, fingers, and thumb. The court set the date of the accident at January 28, 1998, instead of December 20, 1997, because Hoffman first discontinued employment on January 28, 1998. The court awarded temporary total disability benefits, medical expenses, and rehabilitation services.
On March 16, 2001, a review panel of the compensation court entered an order affirming the court's award. The review panel found that there was sufficient evidence to support the court'
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