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Furniture v. Wilkins11/18/2005
AFFIRMING
BEFORE: BARBER, BUCKINGHAM, AND JOHNSON, JUDGES.
The Appellant, Whitehall Furniture (Whitehall), petitions for review of a decision of the Workers' Compensation Board (WCB) that affirmed a determination by the Administrative Law Judge (ALJ) that Appellee, Mary Wilkins (Wilkins), had timely filed her claim and her injuries were work related. We affirm the decision of the WCB because substantial evidence supports the finding of the ALJ.
Wilkins began working for Whitehall in 1972 as a seamstress upholstering office furniture. In 1983, she developed carpal tunnel syndrome in her right wrist. The carpal tunnel syndrome was corrected through surgery. Later, in 1988, Wilkins developed carpal tunnel syndrome in her left wrist. Wilkins was again treated with surgery and the condition was corrected. Each of these surgeries required Wilkins to be off work approximately six weeks. During that time, Whitehall paid for Wilkins' medical expenses and temporary total disability for the surgeries and time off work. Wilkins did not formally file a workers' compensation claim for either incident of carpal tunnel syndrome.
Prior to the development of the carpal tunnel syndrome in Wilkins' left wrist, she was diagnosed with Kienbock's disease in that wrist in 1993 by Dr. William Reid. Kienbock's disease is a rare disease that causes deterioration of the lunate bone, the wrist bone that is second from the thumb side and is shaped like a crescent moon. Wilkins informed Pat Mulligan of Whitehall about her Kienbock's disease. Whitehall paid for Dr. Reed's medical bills. The workers' compensation insurance carrier ended payment of medical bills in 1995; however, Whitehall agreed to pay any related medical expenses not covered by Wilkins' health insurance. Despite her Kienbock's Disease, Wilkins continued to work at Whitehall until the plant closed December 13, 2001.
After the closure, Wilkins attempted to work at two other jobs during March 2002. The first was at Unifirst where she sewed decals onto uniforms. The pain in Wilkins' wrist made it difficult for her to work and she left Unifirst after only three days. Later that same month, Wilkins obtained a position at Field Packing Co. packing meat into boxes. Again, the pain in Wilkins' wrist resulted in her quitting after one eleven-hour shift.
In April 2002, Dr. William Milnor told Wilkins that her left wrist bone had crumbled due to the Kienbock's Disease and recommended bone fusion in her left wrist. Wilkins then returned to Whitehall and informed Mr. Mulligan of what Dr. Milnor had told her and asked if the company would pay for her anticipated medical expenses. Mr. Mulligan said he would have to discuss it with the new owner, Paoli Furniture. Wilkins was later informed that Paoli Furniture agreed to pay medical expenses not covered by her medical insurance.
Dr. Milnor fused Wilkins' left wrist bone in August 2002. The surgery resulted in Wilkins' left wrist being permanently immobilized. However, after the surgery, Wilkins did retain movement of the fingers on her left hand. Paoli Furniture did not pay for all of Wilkins' excess medical expenses. Wilkins then filed a formal workers' compensation claim based on her Kienbock's disease in October 2002.
After two final hearings, the ALJ awarded benefits to Wilkins for a TTD for August 1, 2002 (date of fusion) until February 18, 2004 (date Dr. Milnor opined that Wilkins had reached maximum medical improvement). The ALJ also awarded benefits to Wilkins for PPD for the subsequent period of continued disability not to exceed 425 weeks. Each party filed a motion requesting the ALJ to reconsider his decision, but both mot
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