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National Staff Network v. Workers' Compensation Appeals Board11/30/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Petitioners National Staff Network and TIG Insurance (National) petitioned for review of respondent Workers' Compensation Appeals Board's (the Board) decision awarding total permanent disability benefits to respondent Evelyn Mann-Harrison. National argued the award is contrary to new statutory requirements for apportionment of permanent disability. We granted review and now annul the award to Mann-Harrison of total permanent disability benefits.
SUMMARY
Mann-Harrison was born with congenital abnormalities in her neck and left shoulder blade, known respectively as Klippel-Feil syndrome and Sprengel's deformity. She has been aware of the conditions since childhood, but never underwent surgery for them.
In 1984 Mann-Harrison began working for National as a surgical technician and licensed vocational nurse. She began experiencing pain and numbness in her left arm, shoulder and neck in 1991. When she sought medical treatment in early 1992, the examining physician attributed the symptoms to Sprengel's disease, Klippel-Feil disease and myofascial pain syndrome. The physician prescribed trigger point injections. A short time later a second doctor also diagnosed Klippel- Feil syndrome and Sprengel's deformity.
After assisting at a full day of surgery on June 14, 1993, Mann- Harrison began experiencing increased pain in her left shoulder. She sought medical treatment within two days and again almost two weeks later, when she stated she was unable to work because of the pain. On June 26 Mann-Harrison filed a claim for workers' compensation benefits. Her doctor ordered her not to work for two days and allowed her to return only if she did not move her neck or her left arm. However, Mann-Harrison did not return to work.
National's worker's compensation carrier referred Mann-Harrison to Dr. Smith in September 1993. Dr. Smith attributed 100 percent of her disability to the pre-existing conditions and cleared her to return to work. Mann-Harrison received a second evaluation from Dr. Freeman a few months later. Dr. Freeman concluded her congenital conditions were aggravated by her employment and absent the industrial trauma, she would not be disabled. He also believed she was not capable of performing the repetitive activities demanded by her regular employment. Based on this evaluation, Dr. Freeman recommended Mann-Harrison be considered temporarily totally disabled from the period of June 14, 1993, to the date of evaluation. Shortly afterward Mann-Harrison was also evaluated by Dr. Montesano, who agreed her underlying conditions were aggravated by the cumulative trauma of her employment activities.
Mann-Harrison filed an application for adjudication of claim with the Board in April 1995. In May 1995 Mann-Harrison and National stipulated to a work-related injury causing temporary disability from June 29, 1993, through September 12, 1993, and permanent disability of 26 percent beginning September 16, 1993. The stipulation also provided Mann-Harrison would need future medical treatment to relieve the effects of her injury.
Subsequently, Mann-Harrison began treating with a neurologist, Dr. Nash. Dr. Nash believed her conditions were progressively worsening and recommended surgery. In February 1997 Mann-Harrison underwent surgery to her neck to treat the injury. In December 1997 she sought
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