CP# 92-034929; 1998-002052 (1999). MAXINE GORRELL, Petitioner vs HULS AMERICA, INC. and TOT SPOT @ RWJ HOSP., Respondent.
Court | New 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...
To continue reading
Request your trial