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Meyer v. IBP7/13/2005
ally related to 2 days of work activities for IBP?" In response to the second letter, Dr. Gorsche circled "No," signed the letter, and returned it to IBP. IBP then refused to authorize the surgery.
Meyer subsequently sought treatment from his family physician, who referred him to Dr. Gary Knudson, another orthopedic specialist. After evaluating Meyer in May 2001, Dr. Knudson concluded Meyer had left ulnar neuropathy and carpal tunnel syndrome. Dr. Knudson also recommended carpal tunnel release and ulnar nerve transposition surgical procedures. Dr. Knudson concluded:
I believe [Meyer] is suffering from an overuse injury to his left upper extremity precipitated by his work at IBP this past fall and early winter. . . .
Certainly he was only on the job a few months before beginning significant symptomology, but he may have had a predisposition to develop symptomology which became manifested after significant repetitive use of his arms at IBP . . . and was likely the specific action he was performing at IBP that caused his symptoms to manifest themselves.
After a follow-up visit, at which point Meyer decided to proceed with the surgery, Dr. Knudson concluded, "I do feel that this is partially related to his work at IBP." (Emphasis added).
In a letter sent to Dr. Knudson on January 14, 2002, after summarizing the work history and treatment history of Meyer, IBP asked, "Given the above facts, within a reasonable decree of medical certainty, do you agree with Dr. Gorsche that the left CTS and ulnar neuropathy was not causally related to 2 days of work activities for IBP?" Dr. Knudson responded to the letter by marking the answer "Yes."
Meyer also received an independent medical examination by Dr. Farid Manshadi. Dr. Manshadi concluded Meyer suffered a cumulative work injury that did arise out of and in the course of his work at IBP and produced left ulnar neuropathy at the cubital tunnel, as well as left carpal tunnel syndrome. Dr. Manshadi's evaluation of Meyer does not specifically state whether the two workdays Meyer spent as an employee of IBP caused the cumulative injury to develop or either substantially contributed to development or materially aggravated the injury.
Dr. Knudson performed the ulnar nerve transposition procedure on June 21, 2001, and carpal tunnel release on September 10, 2001. Following successful surgery, Meyer was released by Dr. Knudson to return to work on October 15, 2001, at Meyer's request.
Meyer filed his petition with the Workers' Compensation Commissioner in June 2001. The petition indicated an injury date of December 22, 2000. Meyer claimed an injury to his left/right upper extremities and that the injury occurred from repetitive motion. Five issues were raised before the agency: (1) whether Meyer received an injury that arose out of and in the course of his employment with IBP, (2) whether a causal relationship existed between the claimed injury and the claimed temporary and permanent disability, (3) the extent of Meyer's entitlement to temporary or permanent disability or both, if any, (4) whether Meyer was entitled to certain medical costs as causally connected to the alleged injury, and (5) whether Meyer was entitled to payment of the costs of an independent medical evaluation.
On June 10, 2003, the deputy commissioner entered a decision. The deputy concluded Meyer had not established an injury on December 22, 2000, that arose out of and in the course of Meyer's employment at IBP and stated:
All physicians who have rendered opinions in this matter agree that claimant does have a cumulative trauma injury that developed as a result of his performing the jo
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