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Seeley v. Sisters of Providence2/27/2002
Reversed and remanded.
The Workers' Compensation Board held that a doctor's opinion that it was more likely than not that claimant contracted hepatitis C at work was not sufficient to meet claimant's burden of production. Claimant seeks review of that order. We reverse and remand.
Claimant has worked as an operating room technician for more than 25 years. She has worked for her current employer, St. Vincent's Hospital, since 1984. Over the course of her career, claimant has repeatedly handled needles, scalpels, scissors, hypodermic needles, and other sharp instruments. In the course of her work, claimant has repeatedly suffered needle stick injuries. She has sustained approximately 20 needle stick injuries while working for St. Vincent's.
In 1999, claimant suffered a penetrating wound from a suture needle that had been contaminated with a patient's blood. For the first time, claimant was tested for hepatitis and other blood-borne diseases. Claimant tested positive for hepatitis C virus HCV. The tests showed that she has "an asymptomatic, low-grade hepatitis with slight elevation of the liver enzymes and documented seropositivity with the hepatitis C."
Claimant filed for workers' compensation. Dr. Patrick Goodall performed an independent medical examination at employer's request. Goodall noted that the patient's blood had been tested and revealed no evidence of hepatitis C. He also noted that this was the first time that claimant's blood had been tested. He concluded that, "even though the needle puncture wound under consideration was obviously not the source of her infection, * * * her life-long employment in the field probably did lead to the hepatitis C status."
In reaching that conclusion, Goodall noted that claimant had reported "innumerable episodes of comparable exposure in the early years prior to the requirement for notification of the authorities about needle-stick exposures." Goodall also reviewed claimant's history and reported that " he has not had any known exposures, intravenous drug use or other blood borne exposure-type episodes outside of the employment situation." Additionally, she had no history of risk factors outside of work that would have made it likely that she contracted the disease off the job. Goodall noted that there was also statistical evidence linking claimant's condition to work. He explained:
"The question of the possible source of her hepatitis C is the focus of this current investigation and outside of her work exposure there is nothing in her history to suggest any particular high-risk activity. In general, health care workers do tend to have a slightly higher incidence of hepatitis C positivity, however this is explained only when you consider those health workers who have had needle-sticks. This patient obviously falls into that group and for this reason it is an appropriate consideration, especially in light of her time in the field and her description of fairly significant number of significant needle-stick exposures over a long period of time, as long as 25 years."
Goodall recognized that " here is no way of ascertaining exactly where this [disease] came from." He determined, however, that claimant's "occupational exposure is such that I would classify the risk of hepatitis C as being more likely than not related to her occupation. Detailed analysis of voluminous medical records, a question and answer series and review of her personal history of physical exam tends to reinforce this opinion." Claimant's treating physician, Dr. Rodger Sleven, reviewed Goodall's report and "agree completely with his conclusions." Goodall later reaffirmed "that it remains more likely than not that [cla
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