Thrapp v. Smith Blair, Inc.

2013 Ark. App. 683, 430 S.W.3d 810, 2013 WL 6095463, 2013 Ark. App. LEXIS 724
CourtCourt of Appeals of Arkansas
DecidedNovember 20, 2013
DocketNo. CV-13-489
StatusPublished
Cited by4 cases

This text of 2013 Ark. App. 683 (Thrapp v. Smith Blair, Inc.) 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
Thrapp v. Smith Blair, Inc., 2013 Ark. App. 683, 430 S.W.3d 810, 2013 WL 6095463, 2013 Ark. App. LEXIS 724 (Ark. Ct. App. 2013).

Opinion

ROBERT J. GLADWIN, Chief Judge.

11 Steve Jeffrey Thrapp appeals the April 24, 2013 decision of the Arkansas Workers’ Compensation Commission (Commission), affirming and adopting the administrative law judge’s (ALJ) decision that he failed to prove by a preponderance of the evidence that he sustained compensable injuries. On appeal, he argues that the Commission erred in so doing. We affirm.

Appellant, age forty-four, testified that he began working for appellee Smith Blair, Inc., as a “grinder” from May 1999 until sometime in 2004 or 2005. His duties as a “grinder” involved working with grinding equipment, which created significant vibrations. The grinder is a hand-held piece of equipment that is hooked to an air hose. He held it with his right hand holding the trigger, and controlled it with both hands. He worked eight-hour shifts on the grinder, with a ten-minute break in the morning, a thirty-minute lunch, and |2another ten-minute break in the afternoon. Appellant described two types of grinders, one with more torque than the other.

Appellant testified that in November 2004, he continued to work for Smith Blair, but instead of being a “grinder” he began working in the “622 work cell area.” This work consisted of a rotation of duties. As part of the rotation, appellant was still required to do some grinding — approximately two hours a day, every other day.

Appellant testified that the grinding tool he was required to use in the “622 work cell area” was a smaller version than he had worked with from May 1999 through October 2004. The grinding he was required to do approximately two hours per day every other day in the “622 work cell area” required the use of only one hand instead of two hands. He testified that sometime around 2009, he began experiencing numbness in his fingers and then his forearms. He said his problems began in 2009 while performing the “622 work cell area” work, but he never reported the problems to a supervisor until January 2011.

Appellant testified that he first began receiving treatment for his bilateral-upper-extremity problems around November 2010, when he went to Dr. Douglas, who sent him to Dr. Nnizar Souayah for a nerve-conduction test. The nerve-conduction study showed the following impression:

There is neurophysiological evidence of bilateral and at least moderate median nerve dysfunction of the wrist consistent with the diagnosis of bilateral and at least moderate carpal tunnel syndrome. The reduction of the conduction velocity of the right sensory ulnar nerve may suggest right sensory ulnar neuropathy.

Appellant was then referred to Dr. Thomas Young, an orthopedic surgeon, who eventually performed sequential carpal-tunnel releases.

13Pr. Greg Smolarz, in his independent medical evaluation on March 24, 2011, found, “The nerve conduction studies indicate bilateral carpal tunnel syndrome and positive Tinel’s was found in both wrists.” Dr. Smolarz also opined as follows:

The patient is claiming that repetitive activities such as picking up metal on a continuous, frequent basis during the day is the cause of his carpal tunnel syndrome. In my opinion, that may very well be a small portion that contributes to the overall carpal tunnel syndrome, but also there’s other factors involved including the presence of obesity, presence of chronic stiffness in his forearms, his regular activities that he performs when he’s not at work.

In response to whether the treatment for appellant was related to the injury or accident, Dr. Smolarz stated as follows:

As indicated in question #6, I feel like his work contributes at least somewhat to the diagnosis, but this is a multi-factorial problem for which one has to take into account all activities that the patient performs as well as other findings such as obesity and chronic stiffness due to inactivity as well as activities. Therefore, the treatment potentially is related to the injury or accident.

Dr. Smolarz concluded his evaluation, adding, “The major cause for the claimant’s carpal tunnel syndrome is not more than fifty percent related to his work activities.”

Based on the objective findings of bilateral-carpal-tunnel syndrome, appellant underwent a right-carpal-tunnel release on June 2, 2011. Then, on July 7, 2011, appellant underwent a left-carpal-tunnel-release surgery.

Dr. Young, who performed the surgeries, opined as follows:

My understanding also is that Mr. Thrapp is trying to file this under Workman’s Compensation. Historically from an orthopedic standpoint, it has always been a tough call, as we frequently see people who are involved in rigorous repetitive work with carpal tunnel syndrome and yet on the other hand, you will see frequently folks with the same symptoms with a very different history, who have fairly sedentary jobs who can develop this as well. So it is difficult to come out with all certainty, and 1¿make the determination that this was work-related. I am happy to help Mr. Thrapp how I can in that regard, but again, it is a bit of a gray area.

When appellant’s workers’ compensation claim was denied, an impairment-rating examination was performed by Dr. Rodney Caldwell, who found a nine-percent impairment to appellant’s right wrist and a five-percent impairment to the left wrist. He further opined as follows:

Mr. Thrapp has worked for Smith Blair for 13 years as both a welder and a grinder. He indicates his job duties included grinding and other various jobs in the work cell. It is my opinion that his repetitive use of bilateral wrists for these jobs could certainly result in carpal tunnel syndromes to both wrist [sic]. According to the AMA Guides to the Evaluation of Disease and Injury Causation, Table 9-14 on page 173, a combination of force and repetition shows strong evidence in relation to CTS. Vibration, with use of the grinder, also shows some evidence of relativity to CTS. It is my opinion that Mr. Thrapp would certainly have to use both his hands and his wrist in repetitive movements throughout his jobs as welder and grinder. Therefore, I feel that the carpal tunnel syndromes are related to the work that he has performed with the company since May 1999.

At the hearing on appellant’s claim, Dr. Caldwell testified,

I cannot agree with Dr. Smolarz’s opinion where he said, “The major cause for the claimant’s carpal tunnel syndrome is not more than 50 percent related to his work activities,” because I have no idea how he came up with the number on that. I cannot put a number on that being the major cause for the carpal tunnel.

He later opined that appellant’s work was the major cause of his injury, stating, “What changed my opinion from the time you asked to the time Mr. Giles asked was that I had time to think about it. I said that it was greater than fifty percent. When you asked me the question, I could not give you a percentage at that time.”

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Bluebook (online)
2013 Ark. App. 683, 430 S.W.3d 810, 2013 WL 6095463, 2013 Ark. App. LEXIS 724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thrapp-v-smith-blair-inc-arkctapp-2013.