37-11WC. Joanna McNally v. State of Vermont, Department of PATH.

• Court: Vermont

Vermont Workers Compensation 2011. 37-11WC. Joanna McNally v. State of Vermont, Department of PATH Joanna McNally v. State of Vermont, Department of PATH(November 15, 2011)STATE OF VERMONT DEPARTMENT OF LABORJoanna McNally v. State of VermontDepartment of PATHOpinion No. 37-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. Z-04152OPINION AND ORDER ON REMAND(fn1)Hearing held in Montpelier on May 20, 2009 Record closed on October 7, 2011 APPEARANCES:Stephen Cusick, Esq., for Claimant Andrew Boxer, Esq., for DefendantISSUES PRESENTED:

1. Did Claimant's hand pain arise out of and in the course of her employment for Defendant?

2. Was Claimant's hand pain causally related to her snow shoveling activities on February 18, 2008?

3. If Claimant's hand pain was causally related to her snow shoveling activities, did these constitute a normal activity of daily living?

EXHIBITS: Joint Exhibit I: Medical records Claimant's Exhibit 1: Marilyn Lindquist notes, May 16, 2007 Claimant's Exhibit 2: E-mail exchanges, April 26th and 27th, 2007 Claimant's Exhibit 3: Computer Workstation Assessment, 5/25/07 Claimant's Exhibit 4: Dr. Kiely progress note, 2/20/08 Claimant's Exhibit 5: Dr. Kiely progress note, 3/18/08 Claimant's Exhibit 6: Dr. Kiely progress note, 4/3/08 Claimant's Exhibit 7: Dr. Kiely progress note, 4/23/08 Claimant's Exhibit 8: Computer Workstation Assessment, 4/7/08 CLAIM: Temporary total disability benefits pursuant to 21 V.S.A. §642 Temporary partial disability benefits pursuant to 21 V.S.A. §646 Medical benefits pursuant to 21 V.S.A. §640 Vocational rehabilitation benefits pursuant to 21 V.S.A. §641 Interest, costs and attorney fees pursuant to 21 V.S.A. §§664 and 678 FINDINGS OF FACT: 1. At all times relevant to these proceedings, Claimant was an employee and Defendant was her employer as those terms are defined in Vermont's Workers' Compensation Act. 2. Judicial notice is taken of all relevant forms and correspondence contained in the Department's file relating to this claim. 3. Claimant worked for Defendant in various administrative positions for sixteen years. For the three years preceding the formal hearing she worked as a Benefits Program Specialist in the Division of Health Access. Her role was to process applications and determine eligibility for state-funded health care programs. 4. Claimant's job required constant typing and data entry. Ninety-five percent of her day was spent on the computer. Claimant had held similar jobs in the past, but none involved as much constant and intense keyboarding as this position did. 5. Shortly after beginning this job, Claimant's hands began to feel tired towards the end of her work week. She did not seek medical treatment, but did discuss her symptoms with a co-worker, Nicole McAllister. Ms. McAllister advised that at one point her hands had ached at work, but the problem resolved after she asked for an ergonomic assessment of her workstation and began using an ergonomic keyboard. Ms. McAllister suggested that Claimant try the same approach. 6. In April 2007 Claimant sent an e-mail to her supervisor in which she stated that her hands were "pretty tired" by the end of the day and asked that her office be assessed for possible ergonomic improvements. Upon receipt of this request, Claimant's supervisor took the necessary steps to schedule an assessment. 7. During this same time period Claimant also mentioned at a routine visit with Defendant's wellness nurse that her hands were becoming fatigued by the end of her work week. The nurse suggested hand stretch exercises and Advil as needed. She recommended as well that Claimant have her office checked for possible ergonomic changes. 8. In May 2007 Claimant's office was ergonomically assessed. Her chair was adjusted to the proper height, and a new keyboard was recommended so that her shoulders and wrists would be in a neutral position. Despite these changes, Claimant's hands continued to be tired and achy by the end of her work week. Still she did not seek medical treatment, however. Instead, she...