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Swanner v. Haworth10/26/2005
NOT DESIGNATED FOR PUBLICATION
Kathy Swanner, pro se, appeals from the Workers' Compensation Commission's decision to deny her claim for benefits. On appeal, Swanner argues that there is insufficient evidence to support the Commission's decision. Because Swanner failed to meet her burden of proof, we affirm.
On October 6, 2003, Swanner began working at Haworth, Inc., in its panel fabric assembly department. During her third week of employment, Swanner cut her right index finger and palm with a heated knife. She stated that she was cleaning the heated knife with a brush; that the table she was using was not secure; and that, when the table slipped, she dropped the brush and cut her finger. The injury did not bleed because the knife cauterized the cut, and by Sunday afternoon, all soreness and visible signs of injury were gone. The next day, Swanner cut her right knuckle on the corner of a metal panel. The cut bled, and Swanner put a band-aid on the wound. Swanner described that injury as a "little scratch" and agreed that the cut was very minor.
On October 29, 2003, Swanner reported that she was experiencing pain in her right hand. She first noticed the pain after her lunch hour and then noticed that the pain became progressively worse. As the day progressed, Swanner's hand swelled, and she ultimately lost strength and the ability to open and close her right hand.
The next day, Swanner reported to work but was unable to perform her duties. She was transported to the hospital, where Dr. Michael Lack treated her. Dr. Lack took an X-ray of her hand and then referred her to Dr. Spencer Guinn. Dr. Guinn immediately sent Swanner to St. Bernard's Hospital because he suspected that she was suffering from blood poisoning due to the appearance of red streaks on her hand and arm. Swanner was admitted and remained hospitalized until November 6, 2003. During that time, Swanner also saw Dr. Carl Abraham, a disease specialist, because neither of her other treating physicians could determine what was causing her condition. Dr. Abraham sought assistance from Dr. Tomasz Majewski, and Dr. Majewski eventually operated on Swanner's hand on November 1, 2003. Although Dr. Majewski diagnosed Swanner with having an infection (acute synovitis) in her right hand, none of her treating physicians could state what caused the infection, and Dr. Majewski ultimately concluded that Swanner's condition was not work-related. Swanner admitted that she did not initially tell her treating physicians about the cuts she sustained at work until repeatedly questioned by one of Dr. Abraham's nurses. In response to Dr. Guinn's questions about the presence of scratches on her hands, Swanner admitted that, during the weekend following her injury, she had cut dead flowers from her rose bush, but she maintained that she wore gloves while doing so.
Swanner sought workers' compensation benefits for the injury to her hand, including the after effects of her infection, which are loss of strength in the right hand, inability to close the hand fully, and swelling. Haworth stipulated that Swanner sustained two cuts at work, but denied that her infection and subsequent medical treatment were the result of those injuries. Instead, Haworth contended that Swanner had a nonwork-related infection in her right hand. The ALJ found that Swanner had failed to prove that she sustained an injury arising out of or in the course of her employment and that Swanner failed to prove that the infection for which she was treated was caused by either cut sustained during her employment with Haworth. The Commission adopted the ALJ's findings and conclusions of law and affirmed the ALJ's denial of benefits. Swanner brings this appe
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