McNally v. Department of Path

2010 VT 99, 13 A.3d 656, 189 Vt. 515, 2010 Vt. LEXIS 99
CourtSupreme Court of Vermont
DecidedOctober 28, 2010
DocketNo. 09-450
StatusPublished
Cited by6 cases

This text of 2010 VT 99 (McNally v. Department of Path) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McNally v. Department of Path, 2010 VT 99, 13 A.3d 656, 189 Vt. 515, 2010 Vt. LEXIS 99 (Vt. 2010).

Opinion

¶ 1. Claimant Joanna McNally appeals a decision by the Commissioner of Labor after a contested hearing denying her workers’ compensation benefits. She argues the Commissioner erred as a matter of law by not applying internal Department of Labor ease law to determine whether claimant’s injury was the result of a normal activity of daily living. Because the Commissioner’s decision fails to make necessary findings or conclusions, we remand for further proceedings.

¶ 2. The material facts are uncontested. Claimant worked for employer State of Vermont for sixteen years in various administrative roles and spent the last three years as a Benefits Program Specialist, processing applications and determining eligibility for state-funded health care programs. As a Program Specialist she spent ninety-five percent of her day at her computer typing and performing data entry — much more constant and intense typing than she had done in previous positions. Shortly after beginning her work in this capacity, her hands began to feel tired toward the end of her work week. She informed a co-worker and a wellness nurse about her pain, and both suggested she get an ergonomic assessment of her workstation, which she requested in April 2007. In May 2007, following the assessment, employer recommended she receive an ergonomic keyboard and adjusted the height of her chair to relieve stress on her shoulders and wrists. Despite these changes, claimant continued to experience fatigue and pain in her hands. She chose to treat it with over-the-counter anti-inflammatory pain medication and would occasionally take Fridays off to rest her hands. Between August 2007 and February 2008, claimant visited her primary care physician five times, four of which were to complain of acute problems and the fifth for an annual exam — she never mentioned her tired and achy hands.

¶ 3. One day in mid-February 2008, claimant spent an hour and a half helping her husband and son shovel snow off the roof of their home. The next morning claimant’s hands were swollen and painful, something that had never happened before, and she immediately sought treatment from her doctor. He diagnosed her with bilateral enthesopathy, or damage to the tendons of her wrist, carpus, and elbows, and attributed it to overuse caused by her work. He recommended she reduce her work horns and continue to take anti-inflammatory pain medication. After six months of treatment and reduced work, claimant was back to the pain level she had experienced before the snow-shoveling incident. She returned to work full-time, and employer made additional ergonomic changes to her workstation and altered her job responsibilities to decrease the amount of typing she was required to do.

¶4. Claimant filed for workers’ compensation, claiming benefits associated with her medical treatment and disability following the snow-shoveling incident. At the hearing, claimant’s doctor testified that her typing was the primary cause of her injury, even though the shoveling ultimately led her to seek medical treatment. He testified that her shoveling was not significant enough to produce the [516]*516level of injury she suffered without a more chronic underlying dysfunction. Another doctor, also testifying on complainant’s behalf, agreed, though he diagnosed her injury as tendonitis. Employer’s medical expert thought that claimant was suffering from enthesopathy, but he did not believe that her work activity — primarily typing — could have caused the injury to her wrists and elbows because such work involves the fingers, not the hands or forearms.

¶ 5. Merely reciting the expert testimony offered, without making any findings, the Commissioner denied claimant benefits, concluding that though “[cjlaimant most likely suffered from a chronic underlying condition even before the February 2008 snow shoveling incident,” in the end “it was a non-work-related event that first compelled [her] to seek treatment for her symptoms [and]... by the time the treatment at issue concluded she was back to whatever baseline symptoms she had experienced before [the incident].” In conclusion, the Commissioner denied compensation, noting that claimant’s “baseline condition [may be] in fact work related ... [and could] well be compensable,” but “[h]er current claim . . . [was] for benefits that clearly [we]re attributable to her non-work-related aggravation.” Claimant appealed.

¶ 6. The Commissioner certified one question for this Court’s review: “Is Claimant’s bilateral enthesopathy of the wrist, carpus and elbow compensable under Vermont’s Workers’ Compensation Act?” See 21 V.S.A. § 672 (requiring certified question for Supreme Court review). On appeal, claimant contends that in ruling the snow-shoveling incident was nonwork-related, the Commissioner erred as a matter of law by failing to determine whether the snow shoveling was a normal activity of daily living.1 Claimant argues that before concluding that an intervening cause led to her injury, the Commissioner must first determine whether the intervening cause was a normal activity of daily living. In support of this position, claimant relies on a previous Department decision, cited in the Commissioner’s decision below, where lifting a ladder was ruled an intervening event that broke the causal chain and supported denial of benefits because the associated roofing work was not a normal activity of daily living. See Fleury v. Legion Ins., No. 43-02WC, Discussion ¶ 4 (Nov. 15, 2002), available at http://www. labor.vermont.gov/Default.aspx?tabid=917 (“This Department has held that a normal activity of daily living does not constitute an intervening nonindustrial cause sufficient to break the causal chain from a work-related injury because everyone, including an injured person, necessarily performs such activities.”). The present case presents two challenges on appeal. The first is the absence of findings supporting the Commissioner’s conclusions, and the second is the Commissioner’s unclear application of the law.

¶ 7. Our review of workers’ compensation claims is well settled. We are extremely deferential to the Commissioner’s factual findings, requiring only a scintilla of evidence to rationally support the result reached. Kapusta v. Dep’t of Health/Risk Mgmt., 2009 VT 81, ¶ 17, 186 Vt. 276, 980 A.2d 236 (“[W]e will overrule only when [the Commissioner’s] findings have no evidentiary support in the record or where the evidence is so slight that it is an irrational basis for the result [517]*517reached”). So long as the Commissioner’s conclusions are supported by these findings and reflect the correct interpretation of the law, we will affirm the decision. Morin v. Essex Optical/The Hartford, 2005 VT 15, ¶ 4, 178 Vt. 29, 868 A.2d 729. We defer to the Commissioner’s construction of the workers’ compensation statute “absent a compelling indication of error.” Cyr v. McDermott’s, Inc., 2010 VT 19, ¶ 14, 187 Vt. 392, 996 A.2d 709 (quotation omitted).

¶ 8. This benefits claim boiled down to two simple questions: Was the shoveling incident the sole cause of claimant’s injury or did it exacerbate a preexisting, work-related condition? At the contested hearing, three medical experts testified on this question. Claimant’s experts supported her position that her disability was a result of her earlier hand pain. Employer’s expert reached a contrary conclusion. In her decision, however, the Commissioner failed to make any findings with regard to the evidence presented by the medical experts.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 VT 99, 13 A.3d 656, 189 Vt. 515, 2010 Vt. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnally-v-department-of-path-vt-2010.