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Bolden v. International Paper Co.11/30/2005
NOT DESIGNATED FOR PUBLICATION
Nathaniel Bolden Jr., who began working for International Paper in 1989, underwent a carpal-tunnel surgical release of his right wrist on December 31, 2002, and of his left wrist on November 14, 2003. This appeal and cross-appeal arise from a February 24, 2005, decision of the Workers' Compensation Commission that awarded his claim for benefits regarding the right-hand carpal tunnel syndrome but denied his claim for left-hand carpal tunnel syndrome. Bolden raises two points on appeal, challenging the Commission's denial of his claims for medical benefits for the left extremity and his request to submit additional evidence. On cross-appeal International Paper contends that Bolden failed to present substantial evidence that his right-hand carpal tunnel was the result of his work and failed to present medical evidence [upon the issue of causation]. We affirm on appeal and on cross-appeal.
Bolden appeared pro se at his hearing before the administrative law judge on November 5, 2003, and he has continued to represent himself throughout his appeal. Bolden sought payment for medical expenses in connection with treatment for the carpal tunnel syndrome that he contended was a result of his work activity with International Paper in 2002. Bolden's testimony at the hearing included a description of his job as Service Operator II at International Paper for the previous year: he said that he basically pulled heavy green pine logs off of a rubberized mat in a continuous operation. In an opinion of November 5, 2003, the law judge denied the claim, finding that Bolden did not prove that his work activity was the major cause of his disability or need for treatment.
On December 3, 2003, Bolden filed with the Commission a notice of appeal and a request that he be allowed "to get a deposition from Dr. Lytle to substantiate the damage to [Bolden's] hands, and to give medical history," and to introduce evidence that he pulled wood from 1990 to 2001. On January 9, 2004, the Commission denied Bolden's request to introduce additional evidence, finding that he had failed to prove that he had been diligent in obtaining the deposition of Dr. Lytle. The Commission noted that Bolden had introduced no evidence that he had submitted to Dr. Lytle a list of seventeen questions (dated July 18, 2003) that Bolden introduced into the record; the Commission further noted that, under the rules of the Commission, Bolden could have requested the deposition of Dr. Lytle and that the respondents would have been responsible for paying for it.
In an opinion of February 24, 2005, the Commission reversed the decision of the law judge, finding that Bolden proved he had sustained a compensable injury in the form of carpal tunnel syndrome on the right. Regarding the issue of causation, the Commission noted:
The claimant was a credible witness, and the description of his work leads the Full Commission to find that the claimant sustained an injury causing physical harm of his right upper extremity and arising out of and in the course of his employment with the respondents. The claimant credibly testified regarding the manual and physical nature of his work with the respondents, and the record shows various complaints of work-related symptoms involving the claimant's upper extremities.
The Full Commission finds that the claimant proved his carpal tunnel syndrome to the right wrist was an injury causing physical harm to the body which arose out of and in the course of the claimant's employment with the respondents. The claimant established his compensable injury by medical evidence supported by objective findings, and the claimant proved his compensable injury wa
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