KAYE WARNER, Claimant,
v.
PLEXUS, Employer,
and
TRAVELERS INDEMNITY, Surety, Defendants.
NO. IC 2016-003316
Idaho Workers Compensation
Before The Industrial Commission of The State of Idaho
November 30, 2018
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
ORDER
Thomas
E. Limbaugh, Chairman
INTRODUCTION
Pursuant
to Idaho Code § 72-506, the Idaho Industrial Commission
assigned the above-entitled matter to Referee Alan Taylor,
who conducted a hearing in Boise on January 17, 2018.
Claimant, Kaye Warner, was present in person and represented
by J. Brent Gunnell, of Nampa. Defendant Employer, Plexus,
and Defendant Surety, Travelers Indemnity, were represented
by W. Scott Wigle, of Boise. The parties presented oral and
documentary evidence. Post-hearing depositions were taken and
briefs were later submitted. The matter came under advisement
on June 20, 2018. The undersigned Commissioners agree with
the outcome proposed by the Referee, but believe different
analysis should be applied to the opinions of the vocational
experts and therefore issue their own findings of fact,
conclusions of law, and order.
ISSUE
The
issues to be decided by the Commission were narrowed at
hearing and by the parties’ briefing. The sole issue is
the extent of Claimant’s permanent disability due to
her industrial accident, including whether Claimant is
totally permanently disabled pursuant to the odd-lot
doctrine.
CONTENTIONS
OF THE PARTIES
The
parties agree that Claimant suffered an industrial accident
on January 29, 2016, when she tripped and fell while at work,
injuring her left shoulder, wrist, and thumb. Defendants
accepted the claim and provided medical and temporary
disability benefits. Claimant underwent left shoulder, and
left wrist and thumb surgeries. She was ultimately released
to modified work and returned to work at Plexus for several
months but ceased work due to increasing symptoms. She has
been unable to find work elsewhere. Claimant asserts she is
totally and permanently disabled pursuant to the odd-lot
doctrine. Defendants maintain Claimant successfully returned
to modified work at Plexus, is not totally permanently
disabled, and her permanent disability is minimal.
EVIDENCE
CONSIDERED
The
record in this matter consists of the following:
1. The
Industrial Commission legal file;
2.
Claimant’s Exhibits A through T and Defendants’
Exhibits 1 though 28, admitted at the hearing.
3. The
testimony of Nancy Collins, Ph.D., taken at hearing.
4. The
testimony of Adam Castillo taken at hearing.
5. The
testimony of Whitney Crockett taken at hearing.
6. The
testimony of Claimant, Kaye Warner, taken at hearing.
7. The
testimony of David Adams taken at hearing.
8. The
testimony of Cliff Anderson taken at hearing.
9. The
testimony of Floyd Atkinson taken at hearing.
10. The
post-hearing deposition testimony of Mark Williams, D.O.,
taken by Claimant on February 2, 2018.
11. The
post-hearing deposition testimony of David Lamey, M.D., taken
by Claimant on February 27, 2018.
12. The
post-hearing deposition testimony of Rodde Cox, M.D., taken
by Defendants on March 22, 2018.
13. The
post-hearing deposition testimony of William Jordan, M.A.,
C.R.C., C.D.M.S., taken by Defendants on April 10, 2018.
All
outstanding objections are overruled.
FINDINGS
OF FACT
1.
Claimant was born in 1962 and is left-handed. She was nearly
56 years old and resided in Nampa at the time of the hearing.
Plexus is a large manufacturing facility that contracts to
produce high complexity low volume electronic systems and
circuit boards for larger projects. Plexus employs from 400
to 700 workers according to the needs of its clients.
2.
Background. Claimant was born in Oregon and
later attended Payette High School. She moved to Montpelier
and in 1980 graduated from Bear Lake High School. After high
school she worked at several fast food restaurants and a
truck stop. Claimant also worked for several years making
motorcycle and snowmobile helmets. From 1980-82, she worked
as a nurse’s aide in a hospital. From 1984-85, she
worked at a nursing home. From 1994 until 2009, Claimant
worked as a cashier at Albertsons in Elko, Payette, Nampa,
and Boise. She eventually earned $12.17 per hour at
Albertsons.
3. In
approximately 2010, Claimant attended the Milan Institute in
Nampa and completed training as a medical assistant. However,
she found the training very challenging and did not pursue
certification fearing she would be unable to pass state
certification testing.
4. In
2014, Claimant started working for Adecco, a temporary
employment agency, and was assigned to work at Plexus. After
working for Adecco approximately 18 months she was hired
directly by Plexus as a production associate. Her work at
Plexus required two-handed holding and lifting. She lifted 10
to 15-pound trays into racks above her head multiple times
daily. She also lifted baskets and buckets of parts. As a
production associate her duties included building panels with
frameworks of metal bars weighing from 20 to 40 pounds. She
often wired as many as 500 components into panels. This
required her to reach with both arms, push in wires, and
manipulate a screwdriver with her dominant left hand. The
production pace was fast and constant. She enjoyed her
position and her 12-hour shift schedule with alternating
three days on, four days off; and four days on, three days
off. By January 2016, Claimant was earning $11.17 per hour
and also receiving medical, dental, and optical insurance,
and 401k benefits.
5.
Industrial accident and treatment. On
January 29, 2016, Claimant was working at Plexus when she
tripped over a chain and fell onto her extended left hand and
then onto her side. She noted immediate left hand pain. Her
production lead and direct supervisor Cliff Anderson
immediately encouraged her to obtain medical care. At St.
Alphonsus Urgent Care Claimant was diagnosed with a left
wrist sprain. In follow-up at St. Alphonsus Occupational
Health she was also noted to have left shoulder symptoms. She
underwent physical therapy. Left hand and wrist x-rays
revealed bone-on-bone arthritis. A left shoulder MRI showed
supraspinatus tendon strain and suspected labral tear.
6. On
May 10, 2016, Clark Robison, M.D., performed arthroscopic
left shoulder subacromial decompression and distal clavicle
excision. He found no labral or rotator cuff tendon tears.
Claimant recuperated from surgery and Dr. Robison released
her to light-duty work.
7. Upon
Claimant’s release to light-duty work, Plexus provided
her modified work in a water spider position. The water
spider position required ordering, obtaining, and
distributing parts to production associates for use in
fabrication. Parts ranged from small nuts and washers to
40-pound steel bars. Claimant’s duties included
ordering parts via computer, removing parts and materials
from pallets, and transferring parts to points of use for the
builders. Mr. Anderson was promoted to production supervisor.
He testified that 20 to 25% of the water spider job was
moving steel bars. Floyd Atkinson became a production lead
and Claimant’s direct supervisor.
8.
Claimant’s left hand symptoms continued and on
September 21, 2016, David Lamey, M.D., performed a left thumb
scapho-trapezium-trapezoid (STT) and carpometacarpal (CMC)
arthroplasty. He opined Claimant’s industrial accident
permanently aggravated preexisting arthritis at the base of
her left thumb. On January 17, 2017, Dr. Lamey recorded
Claimant’s left hand grip strength at 25 pounds as
compared to 65 pounds for her right hand. He noted that her
left thumb condition made it difficult to prepare food,
dress, or write. However, Dr. Lamey released Claimant to work
with no activity restrictions. She returned to work at the
water spider position.
9. On
February 24, 2017, Mark Williams, D.O., examined Claimant at
her request. He found her medically stable and rated the
permanent impairment of her left shoulder, wrist, and hand at
10% of the whole person due to her industrial accident. On
April 11, 2017, Rodde Cox, M.D., examined Claimant at
Defendants’ request. He rated the permanent impairment
of her left shoulder and left hand at 12% and 16%
respectively of the left upper extremity for a combined
rating of 26% of the upper extremity...
