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Pina v. Wal-Mart Stores5/11/2005
Maria Pina appeals from a decision of the Arkansas Workers' Compensation Commission overruling the Administrative Law Judge's award benefits after concluding that her claim was barred by the statute of limitations. Because we hold that substantial evidence supports the Commission's findings regarding the date on which the statute began to run, we affirm.
Pina began working for Sam's Travel in February 1999 doing a variety of tasks, including stuffing envelopes and folding promotional t-shirts. In October 1999 she complained to her supervisor of numbness in her hands that traveled up to her forearms and elbows. After making this complaint, she was reassigned to a data-entry position. She did not request medical treatment at the time. Indeed, she testified:
No. I didn't think it was really significant. And by that time they went ahead and switched me to the computer, which it wasn't as bad as when I was doing the-writing. So, you know, I said probably it'll you know, start to ease off, but no-we still-we went ahead and kept on doing that with-with the computer. Then I got moved and it got really severe afterwards.
Pina continued in this position with Sam's Travel until the summer of 2000 when she was promoted to a position taking payments. In August 2000, the Sam's Travel office moved out of state, and she began working for Wal-Mart Associates, Inc., in accounts payable where she reviewed invoices for discrepancies. According to Pina, her job duties with Wal-Mart only required her to utilize her right hand while keying in the numbers from the invoices, while she turned the pages of the invoices with her left hand.
The medical records reveal that Pina sought medical treatment on March 8, 2000, after she was involved in a motor-vehicle accident. Pina testified that this accident did not involve an injury to her hands or wrists. Dr. Huskins recorded complaints of "immediate onset of pain in the neck, back, shoulders from the lumbar area up. Has had numbness in her hands." In a follow-up visit with Dr. Huskins's partner, Dr. Lueders, Pina complained of "still having chronic numbness and tingling that radiates down her arms." On January 26, 2001, Pina became a patient of Dr. Kim Emerson. Although Pina only sought an annual PAP exam at that time, Dr. Emerson performed a thorough examination and recorded complaints of knee, elbow, and wrist pain bilaterally for which Pina took 800mg of Ibuprofen on a daily basis. Dr. Emerson further recorded, " he does(sic) numbness of her hands and she has to let go of what she is doing and then she feels a burning sensation. She is awakened at night..." During her examination of Pina, Dr. Emerson noted among other things that Pina had "positive tinels and phalens bilaterally. Decreased sensation of the ulnar and radial aspects of digits 1-4 are noted[.]" Pina testified that she noticed an increase in her symptoms when the numbness and tingling started going up her arm with a burning sensation. According to her testimony on direct examination, she did not notice a worsening or increase in her symptoms until January 2002, which was what prompted her to report her injury to her supervisor. Pina completed an "Associates Statement" for workers' compensation on January 30, 2002. In this statement she alleged that she injured both her hands. Wal-Mart sent Pina to Dr. Gary Moffitt for an evaluation at that time. In his report dated January 31, 2002, Dr. Moffitt wrote:
Ms. Pina is seen today with complaints of pain, numbness and weakness in both hands. It has been bothering her for at least the past few weeks. She has no specific injury. She works doing data entry. She is having symptoms whenever she sleeps. On her examination, there i
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