Miller v. U.S. Airways Group, Inc.

316 S.W.3d 462, 2010 Mo. App. LEXIS 588, 2010 WL 1849372
CourtMissouri Court of Appeals
DecidedMay 11, 2010
DocketWD 70840
StatusPublished
Cited by7 cases

This text of 316 S.W.3d 462 (Miller v. U.S. Airways Group, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. U.S. Airways Group, Inc., 316 S.W.3d 462, 2010 Mo. App. LEXIS 588, 2010 WL 1849372 (Mo. Ct. App. 2010).

Opinions

LISA WHITE HARDWICK, Judge.

Bonita Miller appeals from a final award denying her workers’ compensation claim for repetitive trauma injuries from carpal tunnel syndrome that developed as a result of her employment with U.S. Airways Group, Inc. (“Employer”). The Labor and Industrial Relations Commission (“Commission”) denied relief because Miller had an earlier claim pending against the Employer for injuries related to carpal tunnel, and the Commission determined that the repetitive trauma was not a “new and distinct injury.” Miller contends the Commission’s decision is not supported by competent and substantial evidence in the record. For reasons explained herein, we find no error and affirm the final award.

Factual and PROCEDURAL History

Miller began working for the Employer in 1984. Since May 1991, she has worked full-time as a customer service agent at Kansas City International Airport, where her primary duty is to check-in airline passengers. Her work involves repetitive activities with frequent use of her hands and arms, such as keyboarding, tearing off baggage claims and boarding passes from the computer terminals, and lifting luggage.

In 2002, Miller began to experience pain in her upper extremities and was diagnosed by her physician with early signs of carpal tunnel syndrome. Two years later, the symptoms intensified with numbness, pain, and tingling in her hands. In June 2004, Miller requested medical treatment from the Employer because she believed her condition was work-related. The Employer filed a “Report of Injury” with the Division of Workers’ Compensation and provided treatment through its insurer, AIG. Miller was diagnosed with mild bilateral carpal tunnel syndrome. She underwent five weeks of physical therapy, took prescribed medication for several weeks, and wore splints at night. In October 2004, Miller was' released from treatment with no limitations on her ability to work.

Miller continued to perform her work duties without significant pain or difficulty until late 2006 and early 2007, when she worked substantial overtime due to a heavy holiday schedule. She experienced increasing discomfort in her hands, with sharp pains extending into her forearms causing an “electrical shock” sensation. After receiving notice of these symptoms on January 29, 2007, the Employer filed a second “Report of Injury” and referred the matter to AIG. The insurer declined to approve further treatment for Miller.

[464]*464On October 26, 2007, Miller filed two separate workers’ compensation claims seeking “temporary total and permanent disability” benefits from the Employer for injuries related to carpal tunnel syndrome. The first claim, No. 04-054594, alleged that Miller suffered “[repetitive trauma through 6/4/04” (“2004 claim”). The second claim, No. 07-070265, alleged that Miller suffered “[r]epetitive trauma through 1/29/07” (“2007 claim”). Both claims gave an identical description of Miller’s alleged injury:

During the course and scope of employment as a customer service representative, Employee suffered repetitive trauma to her bilateral upper extremities due to lifting luggage and by keyboarding resulting in bilateral carpal tunnel syndrome. Employee requires medical care, will suffer temporary total and permanent disability.

Miller also filed a third workers’ compensation claim against the Employer for injuries related to carpal tunnel syndrome. The third claim, No. 05-144695, alleged that Miller suffered repetitive trauma through August 28, 2005.1 The three claims proceeded independently and were not consolidated.

In June 2008, an Administrative Law Judge (“ALJ”) held a hearing on the 2007 claim. Miller testified that she first reported symptoms of carpal tunnel syndrome to her employer in 2004. She underwent treatment and took ibuprofen as necessary after she was released from treatment. When her symptoms worsened in late 2006, she again reported them to the Employer in early 2007.

At the hearing, the Employer admitted that Miller sustained carpal tunnel syndrome in the course of her employment but denied that she sustained the injury in 2007. The Employer presented independent medical evaluations of Miller conducted by two orthopedic specialists, Dr. Anne Rosenthal and Dr. James Stuckmeyer. Both physicians noted that Miller’s diagnosis of carpal tunnel syndrome dated back to 2002. They concluded that Miller’s condition was occupationally related to her hand intensive, repetitive job duties during the course of her twenty-five year employment with U.S. Airways.

Following the hearing, the ALJ issued a decision denying the 2007 claim because it alleged the same injury, bilateral carpal tunnel syndrome, for which Miller received treatment in 2004 and for which she still had a 2004 claim pending. The ALJ also determined that the 2007 claim was time-barred by recent amendments to Section 287.063.1, which affected the accrual dates under the statute of limitations in Section 287.430.2

On review, the Commission affirmed the denial of compensation on the 2007 claim. The Commission found that Miller did not sustain a new and distinct injury in 2007 because her repetitive trauma stemmed from the same bilateral carpal tunnel syndrome that she was treated for in 2004. The Commission’s final award incorporated the ALJ’s decision to the extent that it was consistent with this finding; however, the Commission declined to adopt or incorporate the ALJ’s conclusions regarding the [465]*465statute of limitations.3 Miller appeals the final award.

Standard of Review

“Where the Labor and Industrial Relations Commission’s award attaches and incorporates the ALJ’s award and decision, this court considers the findings and conclusions of the Commission as including the ALJ’s award.” Cochran v. Indus. Fuels & Res., Inc., 995 S.W.2d 489, 492 (Mo. App.1999). We review only questions of law and may modify, reverse, remand for rehearing, or set aside the award when the Commission acted without or beyond its power, the award was procured by fraud, the facts do not support the award, or the award is not supported by sufficient competent evidence in the record. § 287.495.1.

“We examine the whole record to determine the sufficiency of the evidence.” Marmon v. City of Columbia, 129 S.W.3d 921, 924 (Mo.App.2004). “An award of workers’ compensation benefits ‘that is contrary to the overwhelming weight of the evidence is, in context, not supported by competent and substantial evidence.’ ” Kerns v. Midwest Conveyor, 126 S.W.3d 445, 452 (Mo.App.2004) (quoting Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 223 (Mo. banc 2003)). A decision is against the overwhelming weight of the evidence if we are left with a firm impression that the decision was incorrect. Id. “We will find an award by the Commission to be contrary to the overwhelming weight of the evidence only in rare cases.” Vincent v. Mo. State Treasurer, 287 S.W.3d 715, 718 (Mo.App.2009).

Analysis

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Miller v. U.S. Airways Group, Inc.
316 S.W.3d 462 (Missouri Court of Appeals, 2010)

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316 S.W.3d 462, 2010 Mo. App. LEXIS 588, 2010 WL 1849372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-us-airways-group-inc-moctapp-2010.