Menzel v. American Restaurant Group/Stuart Anderson, 050699 MNWC,

Case DateMay 06, 1999
CourtMinnesota
DARLENE MENZEL, Employee/Petitioner,
v.
AMERICAN RESTAURANT GROUP/STUART ANDERSON and AMERICAN INT'L GROUP, adm'd by CRAWFORD & CO., Employer-Insurer.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
May 6, 1999
         HEADNOTES          VACATION OF AWARD - SUBSTANTIAL CHANGE IN CONDITION. Because the changes in the employee's right shoulder condition could reasonably have been anticipated at the time of the settlement and were not substantial, no basis existed to vacate the award on stipulation on grounds of "a substantial change in medical condition since the time of the award that was clearly not anticipated and could not reasonably have been anticipated at the time of the award," as specified by Minn. Stat. § 176.461. Further, because claims for the employee's neck condition were not closed out by the settlement, a change in the employee's neck condition provides no grounds to vacate.          SETTLEMENTS. Pursuant to Sweep v. Hanson Silo Co., 391 N.W.2d 817, 39 W.C.D. 51 (Minn. 1986), a stipulation for settlement may not close out claims for unknown injuries.          Petition to vacate award on stipulation denied.           Determined by Wilson, J., Wheeler, C.J., and Hefte, J.           OPINION           DEBRA A. WILSON, Judge          The employee petitions to vacate an award on stipulation filed on June 29, 1994, based on a substantial change in her medical condition. Finding no basis to vacate the award, we deny the petition.          BACKGROUND          A first report of injury was completed on October 22, 1991, indicating that the employee had slipped and injured her elbow on October 21, 1991, while working as a prep cook for Stuart Anderson [the employer].1 About a month later, on November 19, 1991, the employee was seen by Dr. Ingrid Abols, relating a history of right arm, elbow, and hand pain since falling onto a flexed elbow at work in October of 1991. Dr. Abols ordered an EMG, which revealed mild carpal tunnel syndrome. The employee continued to work and was examined again by Dr. Abols on May 5, 1992. A repeat EMG done at that time showed carpal tunnel syndrome and "possibly suggest[ed] a lower plexus involvement or a C8-T1 radiculopathy of a mild degree." The employee declined to be evaluated for carpal tunnel surgery at that time.          On August 4, 1992, Dr. Abols noted the employee was still having "problems with tenderness in the right upper extremity lateral epicondyle and numbness in her hands when she wakes up in the morning, together with achiness and some swelling." The employee also noted difficulty when she reached over her shoulder. Another EMG was interpreted as showing no change from May of 1992. Dr. Abols diagnosed overuse syndrome of the right upper extremity, mild carpal tunnel syndrome, and right epicondylitis.          On October 26, 1992, Dr. Abols issued a maximum medical improvement [MMI] report, stating that the employee had reached MMI and rating the employee as having an 8.75% whole body impairment pursuant to Minn. R. 5223.0100, subps. 1B(2) and 2.          On January 25, 1993, the employee was examined by independent medical examiner Dr. David P. Falconer, who noted that the employee considered her right shoulder problems to be the "most severe or bothersome of her problems." In his report, Dr. Falconer opined that,
the local lateral elbow symptoms of mild lateral epicondylitis are directly related to the work injury of October of 1991. I do not, however, think that the carpal tunnel complaints and symptoms which have been documented on EMG and are
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