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
...