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...