CP# 92-034929; 1998-002052 (1999). MAXINE GORRELL, Petitioner vs HULS AMERICA, INC. and TOT SPOT @ RWJ HOSP., Respondent.

CourtNew Jersey
New Jersey Workers Compensation 1999. CP# 92-034929; 1998-002052 (1999). MAXINE GORRELL, Petitioner vs HULS AMERICA, INC. and TOT SPOT @ RWJ HOSP., Respondent CP#'s 92-34929, 98-2052 Gorrell v. Huls America Inc. and Tot Spot @ RWJ HospitalSTATE OF NEW JERSEY DEPARTMENT OF LABOR DIVISION OF WORKERS' COMPENSATION MIDDLESEX COUNTY DISTRICTCP# 92-034929; 1998-002052DECISION MAXINE GORRELL, PetitionervsHULS AMERICA, INC.and TOT SPOT @ RWJ HOSP., RespondentIn The MATTER OF MAXINE GORRELL for BENEFITS FROM THE SECOND INJURY FUNDPINCUS and GORDON, Esqs. By: GERALD GORDON, ESQ., Attorney for Petitioner McKORMICK, STIERLI, and McFADDEN, ESQS., By: PAUL F. GELENITIS, ESQ., Attorney for Respondent Huls America HOWARD W. CRUSEY, JR., ESQ., By: ANN DEBELLIS, ESQ., Attorney for Respondent Tot SpotNo Appearance for the Second Injury Fund Philip BolsteinJudge of CompensationOn July 8, 1992, petitioner Maxine Gorrell filed a Claim Petition for occupational disease against respondent Huls America, alleging multiple orthopedic, neurological, and psychiatric disabilities to be due to her employment with said respondent from February, 1989 to early 1992. The respondent admitted that petitioner was employed as a data entry operator, using a Memorex telex machine, until March 18, 1992 at a wage of $372 per week and that it had due and timely notice and knowledge of causally-related occupational diseases of a multiple nature, for which it was providing necessary medical treatment and paying temporary compensation. Petitioner next filed a Verified Petition for Benefits from the Second Injury Fund on July 18, 1997, alleging that she was totally and permanently disabled by reason of the effects of the permanent disability causally related to the occupational diseases due to her work for Huls America, together with permanent disabilities causally related to prior accidents and illnesses enumerated in said Verified Petition. Lastly, petitioner filed a Claim Petition against Tot Spot on January 20, 1998, alleging that she suffered additional permanent disability by reason of her employment there between May, 1996 and January 6, 1997 as a part-time substitute teacher assistant. The respondent admitted this employment but denied that said employment caused or aggravated the pre-existing conditions, which were due to petitioner's employment at Huls America. The consolidated matters came on for hearing before me. The petitioner testified that she had worked as a data entry operator for various temporary agencies as well as for Merrill Lynch prior to her employment with Huls America. At Huls America, she would sit at a keyboard and enter data during her entire daily shift of seven and one-half hours for five days per week, with two 15-minute breaks each day. She developed symptoms of tingling in her fingers with occasional severe pain in her hands at night, beginning with her right hand and, later, also involving her left hand as well. She reported these problems to her employer and was sent to a series of authorized doctors. Eventually, she had surgery on her right hand, which was not totally successful in alleviating her symptoms. She was referred to Dr. Robert Beasley, a professor and Director of the NYU Hand Service, who initially saw her on August 26, 1992 and continued to see her for her complaints to both hands. He eventually operated on her left hand on April 12, 1994, performing a decompression of her left median and anterior interosseous nerves through the pronator teres and the origin of the digital superficial flexor muscles in the left wrist area, and a decompression of the left median nerve though the distal forearm and carpal tunnel of the wrist. Petitioner was subsequently referred to the pain management program at the JFK Rehabilitation Institute where she was treated from December 1, 1995 until January 26, 1996. She received physical and psychological therapy and was discharged on Elavil with a recommendation that she be seen as needed and continue follow-up with her vocational counselor. Petitioner was awarded Social Security Disability as of March 13, 1992 and is currently receiving those benefits. Petitioner, on the advice of her vocational counselor, obtained a job at Tot Spot on May 20, 1996. She was a teacher's assistant and worked 2 to 4 days per week, except for 4 weeks in July, and worked from 2 to 5 hours per day. She worked with infant children, changing them, feeding them and playing with them until the end of December 1996 when she stopped because she was unable to perform the work due to the symptoms in both hands. Petitioner testified on February 19, 1999. She complained that her symptoms were the same as she had when they first began. She has tingling in the fingers of both hands and pain in her hands, wrists, and shoulders. She has swelling in both wrists for which she uses icepacks. She has surgical scarring on the left forearm from the area of the elbow crease going down diagonally to the inner forearm, and on the right hand there is a vertical scar from the mid-palm extending about two inches above the wrist crease. She is significantly limited in the activities that she can perform and, when describing these limitations, she became emotional and tearful. She is depressed as a result of her physical limitations. The multiple reports of Dr. Robert W. Beasley (exhibit P-13) cover the period from August 26, 1992 until June 30, 1994. As far back as April 14, 1993, Dr. Beasley expressed the opinion that Mrs. Gorrell was not capable of any employment which she was physically able or prepared to do by way of training or education. He recommended referral to DVR for appropriate retraining consistent with her physical limitations. On August 25, 1993, he found additional problems with petitioner's left upper extremity which were causally related to her prior...

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