Kildow v. Baldwin Piano & Organ

948 S.W.2d 100, 58 Ark. App. 194, 1997 Ark. App. LEXIS 528
CourtCourt of Appeals of Arkansas
DecidedJuly 2, 1997
DocketCA 96-1268
StatusPublished
Cited by11 cases

This text of 948 S.W.2d 100 (Kildow v. Baldwin Piano & Organ) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kildow v. Baldwin Piano & Organ, 948 S.W.2d 100, 58 Ark. App. 194, 1997 Ark. App. LEXIS 528 (Ark. Ct. App. 1997).

Opinions

Terry Crabtree, Judge.

Appellant Lilly Kildow appeals the decision of the Workers’ Compensation Commission affirming the Administrative Law Judge’s order denying benefits for her Carpal Tunnel Syndrome (CTS). The Commission based its denial of benefits on appellant’s failure to prove adequate rapidity of motion to satisfy the Commission’s interpretation of “rapid repetitive motion injury.” See Ark. Code Ann. § 11-9-102(5)(A)(ii)(a) (1996).

Appellant urges two points for reversal. First, she argues that the Commission’s interpretation of the statute requiring proof of rapid repetitive motion is erroneous in light of the specific inclusion of CTS as a compensable injury in the statute. Second, appellant argues that the Commission’s denial of benefits, even under its interpretation of the “rapid repetitive” dispute, is not supported by substantial evidence. We reverse based on a lack of substantial evidence to support the Commission’s decision; however, in doing so, we reject appellant’s statutory construction argument and affirm the Commission’s requirement that carpal tunnel syndrome claimants must prove rapid repetitive motion.

I. Facts

Appellant was employed by appellee Baldwin Piano Company from February 1, 1993, until March 7, 1994. Her duties consisted primarily of manning a station on an assembly line where she secured small electrical components to a l/8th-inch-thick board with three to five small wires that were two to three inches in length. Appellant typically gripped the board with her left hand while squeezing and twisting the wires with pliers in her right hand, and then sent her completed task to the next station on the assembly line. She testified that she performed these operations over and over again for eight to ten hours a day, five to six days a week, with two fifteen-minute breaks, a thirty-minute lunch break, and short restroom breaks as needed for nearly a year. Beginning in January of 1994, she complained to her supervisor of pain in her wrists. The pain worsened until she saw the company physician, Dr. David Ureckis, on March 10, 1994.

Dr. Ureckis’s initial report noted a nerve conduction velocity test suggesting borderline CTS. Dr. Ureckis put appellant in splints, took her off work, prescribed anti-inflammatory medication, and referred her to Dr. Tom Patrick Coker for surgical evaluation.

Dr. Coker’s initial report from March 31, 1994, stated that she had “an EMG which confirms a right carpal tunnel. The left wrist was non-significant.” Appellant was seen by Dr. Coker seven times and completed a multi-visit course of physical therapy over the next several months.

Appellant was involved in a motor-vehicle accident on August 20, 1994, which complicated her medical records with chiropractic and psychological treatment apparently unrelated to her workers’ compensation claim. Eventually, she was referred to another specialist, Dr. David A. Davis, a neurologist, who opined:

Her constellation of symptoms would suggest reflex sympathetic dystrophy, perhaps supported by the bone scan. I am unable to make that diagnosis because of the absence of significant temperature or skin changes, and because of the give way weakness and peculiar hypethesia, both of which suggest symptom magnification. I’ll be discussing with you referring her to the University of Arkansas Medical School for evaluation in that regard.

Appellant was referred to UAMS, and treated by Dr. Harris Gellman, a professor and Chief of the Hand Surgery Service. Dr. Gellman reviewed the tests of the previous treating physicians and administered additional tests before recommending carpal tunnel release surgery.

Appellee denied coverage for appellant’s CTS and medical treatment. The Administrative Law Judge held that appellant’s activities were not sufficiently rapid, and the Commission agreed. Appellant brings this appeal, raising two points.

II. Substantial Evidence

This court reviews decisions of the Workers’ Compensation Commission to see if they are supported by substantial evidence. Deffenbaugh Indus. v. Angus, 39 Ark. App. 24, 832 S.W.2d 869 (1992). Substantial evidence is that relevant evidence which a reasonable mind might accept as adequate to support a conclusion. Wright v. ABC Air, Inc., 44 Ark. App. 5, 864 S.W.2d 871 (1993). The issue is not whether this court might have reached a different result from that reached by the Commission or whether the evidence would have supported a contrary finding. Bradley v. Alumax, 50 Ark. App. 13, 899 S.W.2d 850 (1995). If reasonable minds could reach the result shown by the Commission’s decision, we must affirm the decision. Id.

Even if the Commission’s reading of the statute requiring claimants to prove both rapid and repetitive motion is upheld, appellant still claims that the facts here do not amount to substantial evidence to support a finding that her work was not sufficiently rapid to qualify as a rapid repetitive motion injury. The question for this court is whether reasonable minds would accept the finding that appellant’s work was not “rapid” based on the evidence in the record.

More specifically, the relevant finding is found in the opinion of the Commission, along with some explanation of the Commission’s view of the proof required to establish carpal tunnel syndrome as compensable:

The claimant failed to prove by a preponderance of the evidence that her carpal tunnel syndrome was cause [sic] by rapid repetitive motion. Although the Act does not establish any guidelines with regard to the extent of motion necessary to satisfy the requirement of rapid motion or with regard to the nature of the motion necessary to satisfy the requirement of repetitive motion, we held in Throckmorton v. J&J Metals, FC Opinion filed August 14, 1995 (E405318), that “the requirement that the condition be caused by rapid repetitive motion requires proof that the claimant’s employment duties involved, at least in part, a notably high rate of activity involving the exact, or almost exactly, same movement again and again over extended periods of time.” We further held that whether the employment duties satisfied the statutory requirement is a fact question to be decided based upon the evidence presented in each case.
The claimant has failed to prove by a preponderance of the evidence that her injury was caused by rapid repetitive motion. There is simply no evidence in the record to prove that the claimant’s activities fall within the definition of rapid.

The only evidence regarding appellant’s job activities came from her own testimony before the ALJ. No company representatives disputed her account of her daily tasks.

In denying benefits for appellant’s CTS, the Commission relied on the requirements for gradual-onset injuries announced in its own opinion, Throckmorton, supra. Notably, the Commission defines the two terms, “rapid repetitive,” together as a single, interrelated concept.

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948 S.W.2d 100, 58 Ark. App. 194, 1997 Ark. App. LEXIS 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kildow-v-baldwin-piano-organ-arkctapp-1997.