Nixon v. Penntex Construction Co. Inc.9/27/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Claude R. Nixon appeals a decision of the Workers' Compensation Commission in which he was denied benefits. On appeal, Nixon argues that the Commission erred by ruling that (1) his work-related injury was not a compensable injury when there was no evidence in the record upon which to base this decision, and erred by ruling that (2) his injury did not render him temporarily totally disabled. Because there is substantial evidence in the record to support the Commission's decision, we affirm.
Nixon contended before the Commission that on October 23, 1997, he was removing old carpet in the course and scope of his employment with Penntex Construction Co., a remodeling company. The carpet was rotten and, as Nixon was pulling on it, it tore, causing him to fall backward several feet and hit the wall. The impact knocked the breath out of Nixon and hurt his right arm and shoulder, such that he performed light cleanup duty the rest of the day. The following day Nixon returned to work, but he was experiencing swelling and tingling in his right hand. On October 25, Nixon reported for work and told his supervisor that his hand was hurting, but that he didn't know why. He speculated it might be arthritis. Around 10:30 a.m. that day, the employer sent Nixon home because they had run out of work, and on Monday October 27, Nixon was laid off.
After the incident, Nixon had asked his wife to make a doctor's appointment for him, and on October 27, he saw Dr. N. Brown, at The Family Clinic, complaining of numbness and tingling in the fingers of both hands. For some unexplained reason, he denied any injury, although he reported some right shoulder and elbow pain. Because Nixon's father died of degenerative rheumatoid arthritis, Dr. Brown took a blood sample to test for that disease. The blood test showed that Nixon did not have rheumatoid arthritis.
On November 4, Nixon returned to The Family Clinic and was examined by his regular family physician, Dr. Daniel C. Dillard, who asked him when his problem had started, and Nixon told him about the fall on October 23. Dr. Dillard ordered an MRI, which prompted Nixon to notify his employer around the first of December that he was filing a workers' compensation claim. The MRI was normal. Dr. Dillard referred Nixon to Dr. Lorne Ryan, a neurologist, who diagnosed cervical strain and possible mild cervical radiculopathy secondary to the work-related injury on October 23, 1998. He prescribed medication and physical therapy, and on December 23, 1997, reported to Dr. Dillard that Nixon had completed physical therapy and his neck was no longer troubling him. However, Nixon had developed tinnitus, a ringing in his ears.
On January 7, 1998, Dr. Ryan reported to Dr. Dillard that Nixon had returned unexpectedly, complaining of headaches, dizziness, and "blacking out." An MRI of Nixon's brain and internal auditory canals was completely normal. Dr. Ryan released Nixon on December 23 because his cervical problems had cleared up. However, Nixon began to have dizzy spells, nausea, headaches, and insomnia, for which Dr. Dillard referred him to Dr. Barry D. Baskin.
On March 30, 1998, Dr. Baskin released Nixon to return to work. He reported to Dr. Dillard that, in spite of his symptoms, Nixon's MRI of the neck showed only degenerative disc disease, the MRI of his brain was normal, an EEG was normal, and his brain stem auditory-evoked responses were normal.
The administrative law judge found that Nixon was entitled to temporary total disability benefits from December 1, 1997, until March 30, 1998, medical expenses, and attorney's fees. The Commission reversed, holding
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