Vondra v. State , 082807 NEWC, 1581

• Case Date: August 28, 2007
• Court: Nebraska

DAVID L. VONDRA, Plaintiff, v. STATE OF NEBRASKA and SEDGWICK CMS, Defendants. No. 1581 DOC 206 Nebraska Workers Compensation August 28, 2007           Darrell Stock, Attorney at Law           Douglas Kluender Assistant Attorney General           AWARD           Michael Fitzgerald, JUDGE            This matter came on for trial April 6, 2007. The trial recessed and resumed on May 4, 2007.          The plaintiff is employed by the State of Nebraska as an auditor in the Department of Roads. As an auditor, the plaintiff is required to use a computer, adding machine, and engage in activities at work which required constant repetitive use of his fingers, hands, and arms. The plaintiff had a right side carpal tunnel release in 2000. The claim in this case is for left carpal tunnel syndrome and trigger fingers and thumbs on both hands.          In August 2003, the plaintiff started to have serious problems with his hands swelling. The plaintiff was dropping things and experiencing throbbing pain in both hands. His hands were sore and stiff and his fingers were sore. The plaintiff reported the pain in his hands to his supervisors. The First Report was prepared (E1) and a Supervisor’s Accident/Loss Report was prepared (E2).          On September 17, 2003, the plaintiff was examined by Dr. Richard Wurtz. The complaint was tingling in both hands. The report states:

[Plaintiff] has had tingling in his right fingers for the last two to three weeks and occasional pain. It feels like his carpal tunnel syndrome is back. He did have carpal tunnel release surgery three years ago. He does a lot of typing at work, data entry (E5, pg. 1).

         The Tinel’s and Phalen’s tests were both positive. The impression was carpal tunnel syndrome. Nerve conduction studies were ordered. The plaintiff returned to Dr. Wurtz on September 24, 2003 (E5 p. 2). The nerve conduction studies showed minimal symptoms on the left side. The right nerve conduction study was negative. The plaintiff had pain in the right volar surface of the forearm as well as the left. Dr. Wurtz’s impression is mild carpal tunnel syndrome on the left and flexor tenosynovitis, right and left. Physical therapy was ordered.          On September 25, 2003, Dr. Wurtz reviewed medical reports from Daniel Creal, PT. There is a notation of carpal tunnel syndrome of the left hand and flexor tenosynovitis of the right and left arms (E5, p. 2).          On October 7, 2003, the plaintiff was examined by Dr. Reckmeyer (E8, pp. 6-7). It is noted that since August 2003, plaintiff had some increasing difficulty with numbness and tingling, as well as discomfort in both wrists and hands. There is soreness as well as tightness. Dr. Reckmeyer examined the plaintiff and found carpal tunnel syndrome on the left and post release on the right. Dr. Reckmeyer recommended surgery.          The defendant sent the plaintiff to Dr. Karen Phillips for a second opinion evaluation. The evaluation took place on October 22, 2003 (E6). It is noted that plaintiff "is a 54-year old right-handed auditor for the Department of Roads." The purpose of the evaluation is to determine causation for Mr. Vondra’s complaint of carpal tunnel syndrome. Dr. Phillips reviewed the plaintiff’s activities as an auditor for the Department of Roads. The plaintiff began to have pain in the summer of 2000 with his hands falling asleep. The plaintiff was treated by Dr. Greg Hurlbut. Dr. Hurlbut ordered wrist braces and some stretches to perform. When the symptoms continued to increase, the plaintiff was referred to Dr. William Garvin for right carpal...