Friedrich v. First Bank Sys., 050599 MNWC,

Case DateMay 05, 1999
CourtMinnesota
SANDRA FRIEDRICH, Employee/Appellant,
v.
FIRST BANK SYS. and ST. PAUL FIRE & MARINE INS. CO., Employer-Insurer,
and
FIRST BANK SYS., SELF-INSURED/CONSTITUTION STATE SERV. CO., Employer-Insurer,
and
HORMEL FOODS CORP. and FIRST BANK SYS., Intervenors.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
May 5, 1999
         HEADNOTES          WAGES - CALCULATION. Where the compensation judge did not accept the employee's proof of the number of days worked in the 26 week period preceding the work injury and there was no other evidence of the number of days worked, the compensation judge did not err by using an alternate method of determining the employee's weekly wage for her part-time position.          TEMPORARY PARTIAL DISABILITY. Where there was no difference between the employee's wage at the time of the injury and her wage when she returned to work, the employee was not entitled to temporary partial disability benefits.          CAUSATION - MEDICAL TREATMENT; PRACTICE & PROCEDURE - REMAND. Where the compensation judge's reason for denial of certain medical expenses was based on the fact that the medical evidence did not indicate a time period for how long the aggravation was causally related, a remand is required for reconsideration of whether the employee's work injury was a substantial contributing cause of the aggravation of the employee's preexisting stomach condition.          GILLETTE INJURY - ULTIMATE BREAKDOWN; NOTICE OF INJURY; PRACTICE & PROCEDURE - REMAND. Where the compensation judge did not indicate whether the date of injury claimed was the date of culmination of the employee's left upper extremity Gillette-type work injury, a remand is required for reconsideration of the notice issue.          Affirmed in part, vacated in part, and remanded.           Determined by Hefte, J., Johnson, J., and Wheeler, C.J.           Compensation Judge: Cheryl LeClair-Sommer           OPINION          The employee appeals the compensation judge's finding that the employee did not give adequate notice of a left upper extremity injury, the finding that the employee's stomach problems were not causally related to her work injury, the calculation of the employee's weekly wage, and the determination that the employee was not entitled to temporary partial disability benefits. We affirm in part, vacate in part, and remand.          BACKGROUND          Sandra Friedrich (employee) was employed as a teller at First Bank Austin (employer). In February 1993, the employee's and all tellers' hours were permanently reduced from full time to between 28 and 32 hours per week. The employee signed a memorandum acknowledging the change. On March 22, 1993, the employee sustained an admitted injury to her thoracic spine when she fell on ice in the parking lot. Neither the employee nor any other teller had returned to full-time work prior to the employee's work injury. At that time, the employer was insured for workers' compensation liability by St. Paul Fire and Marine Insurance Company (St. Paul). The employee received temporary total disability benefits and returned to her pre-injury job with the employer in May 1993. The employee worked fewer hours initially, and received temporary partial disability benefits. In October 1993, the employee was able to work her regular part-time hours of 28 to 30 hours per week. The employee's benefits were paid based on a weekly wage of $257.17, which was apparently calculated by multiplying the employee's hourly wage rate by 32 hours per week. The employee was paid for a 10.5% permanent partial disability for her thoracic spine injury.          On March 2, 1995, the employee was examined by Dr. Robert Wengler. Dr. Wengler opined that the employee had sustained a 10.5% permanent partial disability for her thoracic spine condition and that the employee had right carpal tunnel syndrome, which would be rated as 3% permanent partial disability of the whole body. On June 24, 1996, the employee was examined by her treating physician and reported painful hands, right greater than left. The employee was referred to Mayo Orthopedics...

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