No. 00-82555 (2002). Claxon v. Greenup Cty. Schools.

• Case Date: May 29, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-82555 (2002). Claxon v. Greenup Cty. Schools PATTI CLAXON PETITIONER vs. GREENUP COUNTY SCHOOLS and HON. IRENE STEEN, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: May 29, 2002CLAIM NO. 00-82555APPEAL FROM HON. IRENE STEEN, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Patti Claxon ("Claxon") appeals from the decision of Hon. Irene Steen, Administrative Law Judge ("ALJ"), dismissing her claim for bilateral carpal tunnel syndrome. The ALJ found Claxon failed to meet her burden of proof regarding work-relatedness of the condition. Claxon testified by deposition January 31, 2001, and at the hearing held January 30, 2002. Prior to 1985, she was a housewife and mother. She began working with J and W Dairy Bar in 1985 and also worked part-time for the Greenup County Board of Education ("Greenup County") as a substitute cook. In 1988, Claxon began working 6 1/2 hours per day for Greenup County. She began as a dishwasher and had to continuously pick-up trays and stack and push them through the dishwasher and take them out again. She also washed silverware and scrubbed pots and pans. Next, she moved to a server position which involved handling trays with one hand and dipping and serving food with the other. She also cut and sliced fruits, meats and cheeses and on certain days prepared mashed potatoes, which involved a lot of lifting. When french fries were served, she had to stand in front of the deep fryer and lift the baskets up and down and empty them. Preparation of rolls involved cutting and rolling the dough and placing it in pans. Additionally, she stocked shelves and did mopping, sweeping and cleaning. There were a total of four employees in the cafeteria with one working as a dishwasher and the other three working in preparation and serving food for approximately 200 children. Claxon alleged an injury date of December 21, 1998, because that was when she realized there was a problem with her hands which was getting worse. It was on that date she met with Dr. Kleykamp, who indicated she had carpal tunnel syndrome. That was the date she first saw any physician for her problems and was notified her problems were work-related. Claxon had, however, noticed problems with her hands and wrists in 1995. She indicated that since the late 1980s her hobbies had included making crafts, painting small signs and making dolls and pillows on the sewing machine. She did not feel these activities were repetitive in nature. At the hearing, Claxon testified she had not returned to work and her symptoms were worse now than before. She underwent both a right and left carpal tunnel release in January and April 2000, respectively. She had difficulty using her hands and stated she dropped things when trying to pick them up. She had an increased amount of shooting pain in her arms and hands and increased numbness in her hands. She did not feel surgery improved her condition. Claxon testified she was not able to return to her previous job with Greenup County because of the repetitive work involving her hands. She attempted to return to work for three days in August 2000 but could not perform her job duties and has not worked since. She spends her time watching tv, working crossword puzzles and drinking coffee. Claxon introduced medical reports from Dr. James Powell. Dr. Powell performed a right ulnar nerve decompression and right carpal lysis on January 21, 2000. His pre-operative diagnosis was ulnar...