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Walters v. U.S. Timber Co.5/25/2005
NOT DESIGNATED FOR PUBLICATION
The appellant, Jeremy Walters, brings this appeal from a decision of the Workers' Compensation Commission. The Administrative Law Judge found that appellant suffered bilateral carpal-tunnel syndrome and awarded him benefits. However, the Commission reversed the ALJ and denied appellant's claim for compensation based on a lack of objective findings. On appeal, appellant argues that the Commission erred in determining that there were no objective findings sufficient to establish carpal-tunnel syndrome. We reverse and remand for further findings of fact.
Appellant, age thirty-one, began working for the appellee, U.S. Timber Company, in June of 2001. Appellant's initial job duties required him to "pull lumber off the chain" in what he believed to be a repetitive motion and stack it in a bundle on a cart. Appellant testified that he performed this task continuously throughout his shift. Appellant was subsequently required to run the "tilt hoist" machine where he "flipped boards" of varying lengths.
Appellant had not experienced any problems with his hands or wrists before going to work for appellee. Although appellant developed slight hand and wrist problems after he began performing his initial job duties, appellant reported that his pain and related symptoms worsened approximately one month after he started running the "tilt hoist" machine. As a result, appellant sought treatment from Dr. Michael Miranda for the problems with his hands and wrists.
On June 27, 2002, appellant complained to Dr. Miranda of wrist and hand pain. Appellant described pain that started in his wrist that radiated into his elbows, and pain that affected his thumb and the second and third fingers. Appellant had no reports of numbness, but he did have reports of tingling. On that same date, Dr. Miranda noted in his medical report, "I don't see any obvious swelling or deformity of the hand or wrist, positive teneal sign bilaterally and positive phalanx test, bilaterally." At that time, Dr. Miranda assessed appellant as having bilateral carpal-tunnel syndrome.
Appellant testified at the hearing that Dr. Miranda referred him to Dr. Smith at River Valley Orthopedic Clinic in Fort Smith. According to appellant, Dr. Smith performed carpal-tunnel release surgery on both of his wrists. Appellant stated that Dr. Smith performed surgery on his right wrist in August of 2002 and surgery on his left wrist in September of 2002.
After these two surgeries, appellant was referred to Dr. James Kelly, III, due to continued symptoms of pain and numbness of the arms and hands, which were accompanied by tingling sensations. Ultimately, Dr. Kelly performed surgery on both of appellant's elbows. According to the medical records in evidence, appellant underwent left pronator-tunnel release with Dr. Kelly on February 27, 2003. On March 14, 2003, appellant presented to Dr. Kelly for follow-up care. Dr. Kelly reported that appellant's left release had been successful. On April 28, 2003, appellant returned to Dr. Kelly, who noted that appellant had high "tinel's" up into the arm as well as the infraclaviculary area. At that time, appellant reported still having "achy pain." Dr. Kelly ordered an MRI of appellant's neck so that he could determine if appellant had any disc problems.
On May 12, 2003, appellant was seen for a follow-up visit, and Dr. Kelly reported: Mr. Walters presents to the office today in follow up for his upper extremity exam. His MRI was negative. He had normal C-spine exam. He has strongly positive tinels now down into the forearm and just to the base of the hand, so I am sure that his left pronator[-]tunnel release is recovering
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