Terasaka v. AT & T

622 S.E.2d 145, 174 N.C. App. 735, 2005 N.C. App. LEXIS 2591
CourtCourt of Appeals of North Carolina
DecidedDecember 6, 2005
DocketCOA04-1572
StatusPublished
Cited by8 cases

This text of 622 S.E.2d 145 (Terasaka v. AT & T) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terasaka v. AT & T, 622 S.E.2d 145, 174 N.C. App. 735, 2005 N.C. App. LEXIS 2591 (N.C. Ct. App. 2005).

Opinions

CALABRIA, Judge.

AT&T (“defendant”) appeals the award of the North Carolina Industrial Commission (the “Commission”) granting benefits to Amy Terasaka (“plaintiff’) based on a diagnosis of carpal tunnel syndrome. We reverse.

On 14 February 2002, plaintiff filed a Form 18 alleging she developed pain in both of her hands on or about 17 October 2001 while typing during an intense three-day customer service representative training course. In response, defendant filed a Form 61 denying plaintiffs claim. At the time, plaintiff was in her early forties and had consistently worked in the secretarial field throughout her adult life.

On 30 December 1996, plaintiff started her employment with defendant in New Jersey as a senior records clerk. Her duties included typing approximately four hours of every eight hour workday. On 1 February .1997, she transferred to a different division in the New Jersey office, retained her position as a senior records clerk, and spent approximately six hours of each ten hour workday typing.

On 13 September 2001, plaintiff transferred to the Gastonia, North Carolina office of defendant to become a customer service representative. On or about that date, she started a three week customer service representative training course. Two days into the course, she contracted the flu and missed the remainder of the course. She then undertook an intensive three day course to learn what she had missed. During this course, she typed approximately eight hours a day for all three days. Toward the end of the course, on or about 17 October 2001, she felt tingling and numbness in her hands. Shortly thereafter, she started work as a customer service representative.

On 23 October 2001, she experienced numbness in both hands with phin extending from her hands to her shoulders, which prevented her from working. She visited several doctors and was eventually seen by Dr. David S. Baker (“Dr. Baker”) on 13 March 2002. After examining plaintiff and reviewing her nerve conduction tests, Dr. Baker diagnosed plaintiff with carpal tunnel syndrome in both wrists. He injected cortisone into her wrists, and her symptoms briefly subsided but returned. On 24 April 2002, Dr. Baker performed [737]*737surgery on her left wrist to release pressure on the nerve in the carpal tunnel. On 15 May 2002, plaintiff reported relief of symptoms in her left hand, and on 27 June 2002, Dr. Baker performed surgery on her right wrist. On 25 September 2002, plaintiff reported severe pain in both hands and wrists, which prevented her from using her hands for approximately two to three weeks. Dr. Baker’s exam indicated tendinitis of the wrists, and he injected both her wrists with cortisone at the location of the pain.

On 9 October 2003, after returning to work for four days, plaintiff reported severe pain and an inability to use her hands for normal activities. Dr. Baker stated he could not explain her level of pain and dysfunction on any medical or scientific basis and told her there were no other diagnostic or treatment options in his specialty that would benefit her. He further opined that typing is a repetitive activity that could cause carpal tunnel syndrome. However, he could only say plaintiff’s typing might be an influencing factor and could not quantify to what degree typing was the cause as compared to other possible factors.

Twice in December 2002, plaintiff saw Dr. Raymond C. Sweet (“Dr. Sweet”), a neurosurgeon. Dr. Sweet’s physical examination of plaintiff’s hands and wrists indicated some type of nerve condition. However, her nerve conduction tests indicated normal functioning. He stated he had never seen a patient with normal nerve conduction tests have positive indicators for a nerve' condition based on physical examination and would not recommend another operation when presented with normal nerve conduction tests. He stated repetitive hand motions, such as typing six hours out of a ten hour workday, created a greater risk of developing carpal tunnel syndrome, and carpal tunnel syndrome could develop in certain individuals in as little as three to four months. Moreover, Dr. Sweet stated that in his medical opinion plaintiff’s work history of typing was a significant factor in her developing carpal tunnel syndrome. He stated that with the exception of the nerve conduction tests, her physical exam signs and history were consistent with her complaints of pain and that plaintiff likely damaged the median nerve running through her wrist. Additionally, he noted if her condition had not changed since her visits to him in December 2002, it would be unlikely she would be able to return to a job that involves repetitive hand and wrist motion.

After a 19 May 2004 hearing on this matter, the Commission concluded: (1) “plaintiff developed bilateral carpal tunnel syndrome, an occupational disease, due to causes and conditions characteristic of [738]*738and peculiar to her employment that was not an ordinary disease of life to which the general public is equally exposed”; (2) plaintiff proved “that she was temporarily totally disabled from 13 March 2002, less four days, and continuing thereafter”; (3) “[p]laintiff is entitled to receive total disability benefits in the weekly amount of $502.36 from 13 March 2002, less four days, and continuing until further order of the [Commission]”; and (4) “defendants shall pay all medical expenses incurred for the treatment of her occupational injuries, including those arising from future treatment by a suitable physician addressing pain disorders].]” Defendant appeals.

Defendant raises several assignments of error on appeal. We initially address whether plaintiff met her burden of proving disability. Because we hold that plaintiff failed to meet her burden, we do not address defendant’s remaining assignments of error.

To obtain workers’ compensation benefits, a claimant bears the burden of proving both the existence and the extent of disability. Saums v. Raleigh Community Hospital, 346 N.C. 760, 763, 487 S.E.2d 746, 749 (1997). Specifically, in the absence of a Form 21 or other admission of liability for compensation, the employee bears the burden of proving she is disabled. Demery v. Converse, Inc., 138 N.C. App. 243, 249, 530 S.E.2d 871, 876 (2000). An employee injured in the course of her employment is disabled under the Act if the injury results in an “incapacity ... to earn the wages which the employee was receiving at the time of the injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2003). An employee may meet the burden of showing disability in one of four ways:

(1) the production of medical evidence that he is physically or mentally, as a consequence of the work related injury, incapable of work in any employment]]; (2) the production of evidence that he is capable of some work, but that he has, after a reasonable effort on his part, been unsuccessful in his effort to obtain employment]]; (3) the production of evidence that he is capable of some work but that it would be futile because of preexisting conditions, i.e., age, inexperience, lack of education, to seek other employment]]; or (4) the production of evidence that he has obtained other employment at a wage less than that earned prior to the injury.

Russell v. Lowes Product Distribution, 108 N.C. App. 762, 765,

Related

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741 S.E.2d 408 (Court of Appeals of North Carolina, 2013)
Newnam v. New Hanover Regional Medical Center
711 S.E.2d 194 (Court of Appeals of North Carolina, 2011)
Goodson v. MAFCO HOLDINGS, INC.
674 S.E.2d 478 (Court of Appeals of North Carolina, 2009)
Soderlind v. Tony Joye Construction
North Carolina Industrial Commission, 2007
Lathon v. Cumberland County
646 S.E.2d 565 (Court of Appeals of North Carolina, 2007)
Terasaka v. AT & T
622 S.E.2d 145 (Court of Appeals of North Carolina, 2005)

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Bluebook (online)
622 S.E.2d 145, 174 N.C. App. 735, 2005 N.C. App. LEXIS 2591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terasaka-v-at-t-ncctapp-2005.