Campbell, 062819 WIWC, 2016-016620

• Case Date: June 28, 2019
• Court: Wisconsin

Christine A. Campbell Applicant TTM Advanced Circuits, Inc. Employer Travelers Prop. Cas. Co. of America Insurer No. 2016-016620 Wisconsin Workers Compensation State of Wisconsin Labor and Industry Review Commission June 28, 2019           Atty. Thomas A. Siedow           Atty. Douglas M. Feldman           WORKER'S COMPENSATION DECISION 1           Michael H. Gillick, Chairperson          Interlocutory Order          The commission modifies and affirms the decision of the administrative law judge. Accordingly, within thirty (30) days, the respondent shall pay:

1. To the applicant, the sum of two thousand, seven hundred ninety-two dollars and eighty-nine cents ($2,792.89), as compensation; and the sum of one hundred thirty-five dollars and thirty-four cents ($135.34) as reimbursement for out-of-pocket medical expenses.

2. To Attorney Thomas A. Siedow, the sum of seven hundred ninety-five dollars and eighty-nine cents ($795.89), as attorney's fees; and the sum of three hundred ninety dollars and sixty-five cents ($390.65) for costs.

3. To Mayo Clinic Health System/Eau Claire Clinic, the sum of two thousand, six hundred seven dollars and ninety-two cents ($2,607.92).

4. To Mayo Clinic Health System/Eau Claire Hospital, the sum of one thousand, nine hundred thirteen dollars and ninety-six cents ($1,913.96).

5. To Blue Cross/Blue Shield, the sum of eight thousand, seven hundred ninety-five dollars and fifty-six cents ($8,795.56).

         Respondent is further directed to pay the reasonable costs associated with the right carpal tunnel release procedure that has been recommended by the applicant's doctors, together with any related costs for consultations, tests, hospital and medical expenses associated with the surgery. Jurisdiction is reserved for such further findings and orders as may be necessary consistent with this order.          By the Commission:           David B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner          Procedural Posture          This case is before the commission to consider the applicant's entitlement to worker's compensation benefits. The applicant filed a hearing application in June of 2016, alleging bilateral wrist injuries due to repetitive hand motions with a date of injury of December 8, 2015. The employer and its insurer (collectively, the respondent) conceded jurisdictional facts and an average weekly wage of $701.71. An administrative law judge for the Department of Administration, Division of Hearings and Appeals, Office of Worker's Compensation Hearings, heard the matter on February 13, 2018, and issued a decision on June 13, 2018, finding that the applicant sustained work-related bilateral carpal tunnel injuries, assessing 4% permanent partial disability for the applicant's left wrist, and ordering payment for medical expenses, including future surgery for the applicant's right wrist. The respondent filed a timely petition for commission review.          The commission has considered the petition and the positions of the parties and has independently reviewed the evidence submitted at the hearing. Based on its review, the commission modifies and affirms the decision of the administrative law judge.          Findings of Fact and Conclusions of Law          As supplemented by the commission's memorandum opinion,2 the commission makes the same findings of fact and conclusions of law as stated in the decision of the administrative law judge and incorporates them by reference into the commission's decision, subject to the following:          Modifications          Replace the last paragraph beginning on page 5 of the decision, and the first full paragraph on page 6 of the decision, with the following:

Dr. Barron was unable to discern any objective signs of permanent impairment when he examined the applicant, while Dr. Bodeau's treatment notes reference a 10-pound difference in grip strength between the applicant's left and right hand. Dr. Bodeau opined that the applicant had sustained a 4% permanent partial disability "from mild chronic pain and weakness," but the applicant testified that the pain and tingling in her wrist were gone. Even if there was some difference in the applicant's grip strength, it is not surprising that the applicant's dominant hand would have greater grip strength than the nondominant hand. The applicant had a successful recovery from her surgery and the commission finds that the applicant sustained a 2% permanent partial disability at the wrist. At the applicable permanent partial disability rate of $322 per week, the applicant is entitled to $2,576.00 in compensation for permanent partial disability, all of which is due and accrued.

The fee for applicant's counsel is set at $795.89, which is 20% of the total compensation awarded herein. In addition, applicant's counsel is also entitled to reimbursement for costs in the amount of $390.65, with both fees and costs paid out of the compensation due the applicant.

         Memorandum Opinion          The applicant, who was born in 1961, worked for the employer, a manufacturer of circuit boards, for about 12 years as a production worker in the inspection department. She alleges that her work activities were at least a material contributory causative factor in the onset or progression of her bilateral carpal tunnel syndrome. She has had a successful carpal tunnel release surgery for her left wrist and seeks to have surgery for her right wrist; she also seeks temporary total disability and 4% permanent partial disability for her left wrist. The respondent denies a work injury.          The issue is whether the applicant sustained bilateral occupational carpal tunnel injuries, and, if so, the nature and extent of her disability and the respondent's liability for medical expenses and future surgery. The applicant has the burden of proving beyond a legitimate doubt all the facts necessary to establish a claim for compensation.^[3] The commission must deny compensation if it has a legitimate doubt regarding the facts necessary to establish a claim, but not every doubt is automatically legitimate or sufficient to deny compensation.^[4] Legitimate doubt must arise from contradictions and inconsistencies in the evidence, not simply from intuition.5          The Applicant's Work Duties          The applicant, who is right-hand dominant,6 began working for the respondent in April of 2005.7 She indicated that prior to working for the respondent she did not have any carpal tunnel problems, she had never sought treatment for carpal tunnel syndrome, and no doctor had assigned permanent restrictions because of carpal tunnel syndrome.8 From 2005 to 2016, the applicant "floated around" different positions in the inspection department for different certifications.^[9]          Leading up to the problems with her hands, the applicant indicated that she worked primarily in inspection doing repairs, inspection, and "HI-pot."10 She indicated that 75 to 80% of her time was spent as follows:

I would say more was done in repair than actual inspection part. More in repair and surface finish and HI-pot. A lot of HI-pot and coupons, punching coupons out in route.11

         She indicated that all of these jobs required her to handle circuit boards and to grip them tightly and flip them around and manipulate them.^[12]          When she worked in the wet...