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Curry v. Workers' Compensation Appeal Board11/10/2005
Craig Curry (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that terminated his compensation benefits. In doing so, the Board affirmed the decision of the Workers' Compensation Judge (WCJ).
Claimant was employed by U.S. Steel Corporation (Employer) as a material handler. In this position, while stacking zinc onto a pallet, Claimant sustained a work-related injury to his right hand. After this incident, which occurred on May 22, 2002, Claimant continued to work. He did not seek medical treatment for six days, when he went to the emergency room at St. Mary's Hospital. X-rays of Claimant's right wrist were normal; Claimant was diagnosed with a contusion and prescribed a splint and pain medication. Subsequently, on June 11, 2002, Claimant saw Dr. Stolzheimer, who took another set of x-rays and diagnosed Claimant with a hairline fracture of the radial styloid and placed Claimant's right wrist in a cast. On June 21, 2002, Employer issued an Agreement for Compensation (Agreement) acknowledging Claimant's injury as a right wrist fracture on the basis of Dr. Stolzheimer's diagnosis.
When the cast was removed, Claimant returned to work at his regular position, but he soon experienced swelling in his hand. As a result, he was placed in a light-duty position. Claimant then began treating with William Bonner, M.D., a board-certified physiatrist who specializes in physical medicine and rehabilitation. After performing an electromyographic examination (EMG), Dr. Bonner concluded that in addition to a hairline fracture Claimant had suffered an injury to the median nerve causing mild carpal tunnel syndrome. Claimant continued working in the light-duty position with Employer.
On October 15, 2002, Richard J. Mandel, M.D., a board-certified orthopedic surgeon who specializes in hand surgery, examined Claimant and reviewed his medical records. He concluded that Claimant was fully recovered from his wrist injury and able to return to work without restrictions.
On November 1, 2002, Employer filed a termination petition alleging that Claimant was fully recovered from his work-related injury as of October 15, 2002. On February 26, 2003, Claimant filed, first, a review petition to have the Agreement amended to include carpal tunnel syndrome and, second, a penalty petition, asserting that Employer had no right to stop paying Claimant's medical bills in advance of a favorable determination on its termination petition.
In support of his review and penalty petitions, Claimant presented the deposition testimony of Dr. Bonner, who explained his treatment of Claimant's right hand. He conceded that the results of a September 10, 2002, EMG, as well as a follow-up EMG in March 2003, were normal, but, he believed, nonetheless, that they were not inconsistent with a diagnosis of carpal tunnel syndrome. Nerve conduction studies showed that impulses along the right ulnar motor nerve and those along the right median motor nerve were not traveling at the same speed; the discrepancy was outside normal limits. The nerve conduction test results together with Claimant's hand pain were consistent with "mild carpal tunnel syndrome." R.R. 21a. Dr. Bonner opined that Claimant suffered from mild carpal tunnel syndrome caused by the fracture to his right wrist.
Claimant testified at the hearing before the WCJ. Claimant acknowledged that he had insisted that Dr. Bonner release him to work without restrictions. He explained that, in actuality, he had not recovered and only made the request because of financial pressure. On the day of Claimant's testimony, he was still experiencing occasional numbness in his fingers, swelling, and o
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