94-0749. ROSA D. BRETON vs. TACO BELL HOME OFFICE and TRUCK INSURANCE EXCHANGE Defendants.
Court | Utah |
Utah Workers Compensation Decisions
1995.
94-0749.
ROSA D. BRETON vs. TACO BELL HOME OFFICE and TRUCK INSURANCE EXCHANGE Defendants
THE INDUSTRIAL COMMISSION OF
UTAHROSA D. BRETON,
Applicant, vs. TACO BELL HOME OFFICE and TRUCK
INSURANCE EXCHANGE, Defendants.Case No. 94-0749ORDER DENYING MOTION FOR REVIEWTaco Bell Home Office and its workers' compensation insurance
carrier, Truck Insurance Exchange (referred to jointly as "Taco Bell"
hereafter) ask The Industrial Commission of Utah to review the Administrative
Law Judge's award of benefits to Rosa D. Breton under the Utah Workers'
Compensation Act.
The Industrial Commission exercises jurisdiction over this motion
for review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §35-1-82.53,
and Utah Admin. Code R568-1-4.M.
ISSUE UNDER
REVIEW
Has Ms. Breton proved that her medical condition, thoracic outlet
syndrome, was medically caused by her industrial accident at Taco Bell.
BACKGROUND
Except for the issue of medical causation, the facts of this case
are not in dispute. Prior to her industrial accident, Ms. Breton was in good
health and had not experienced any neck or shoulder pain. Then, on April 14,
1993, her left thumb was almost completely severed while working for Taco Bell.
She was rushed to a hospital and the thumb was successfully reattached.
After surgery, Ms. Breton's hand was placed in a cast. As she
recovered, she received physical therapy, including the use of weights for her
arms and shoulders. On December 13, 1994, Dr. Hirsche concluded that she had
suffered a 4% whole person impairment as a result of loss of motion of her
thumb.
Shortly after the accident, Ms. Breton began to report pain in
her neck and left shoulder. She was referred to Dr. Schow, who discovered that
she had a large congenital "extra" cervical rib on her left side. Dr. Schow
diagnosed Ms. Breton's pain as thoracic outlet syndrome(fn1) and referred her
to Dr. Stander for surgery. Dr. Stander excised the left cervical rib.
Following the rib excision and additional chiropractic care from
Dr. Faust, Ms. Breton recovered from her thoracic outlet syndrome. She now
seeks workers' compensation benefits for the medical expenses and temporary
total disability arising from the thoracic outlet syndrome.
As to the relationship between Ms. Breton's industrial injury and
her subsequent thoracic outlet syndrome, Dr...
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