BLACK v. FRIGIDAIRE, 1997 AWCC 287

CLAIM NO. E515177

DONALD BLACK, EMPLOYEE, CLAIMANT v. FRIGIDAIRE, EMPLOYER, RESPONDENT and MANAGEMENT CLAIM SERVICES, INC., INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JULY 9, 1997

Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.

Claimant represented by the HONORABLE PHILLIP M. WILSON, Attorney at Law, Little Rock, Arkansas.

Respondents represented by the HONORABLE MIKE ROBERTS, Attorney at Law, Little Rock, Arkansas.

Decision of Administrative Law Judge: Affirmed.

[1] OPINION AND ORDER
[2] The claimant alleged that he suffered an injury to his cervical disc in his neck while acting in the course of his employment on February 15, 1995. After a hearing in this matter, the administrative law judge found that the claimant failed to meet his burden of proof. From that decision the claimant appealed.

[3] At the time of his alleged injury, the claimant was a department supervisor for the respondents and had been employed by them for approximately 15 years. The claimant testified that his supervisory duties required him to oversee production of the assembly of large refrigerator cabinets which were assembled as they were moved down a line of rollers. He went on to state that while working on the back side of the assembly line, he noticed that one of the refrigerator cabinets was not properly sitting on the assembly line. The claimant testified that he grasped the bottom of the refrigerator cabinet with one hand, lifted the corner slightly and pushed it back on the line. According to the claimant, this cabinet weighed approximately 300 pounds. The claimant indicated that his symptoms began with that effort. He stated that he immediately began experiencing pain in his arm which grew progressively worse during the day. The claimant’s testimony went on to state that he did advise various persons at work of his injury but that he did continue to work for the balance of his shift. The claimant was initially seen by Dr. John Dobbs, a general practitioner, in Conway, Arkansas. Dr. Dobbs later referred the claimant to Dr. Todd Ghormley, an orthopedist also located in Conway, who diagnosed the claimant as suffering from carpal tunnel syndrome. When the claimant did not respond to treatment for that condition, he was referred to Dr. Richard Peek, a neurosurgeon, in Little Rock, Arkansas. Dr. Peek diagnosed a herniated cervical disc and performed surgery to correct that condition.

[4] The resolution of this case turns entirely upon the credibility of the claimant. As a witness, the claimant tended to ramble considerably and occasionally became confused over specific dates and times. He also evidenced considerable anger toward the respondents as a result of what the claimant believed was unfair treatment of him prior to his alleged injury, as well as the respondents’ apparent lack of concern regarding the claimant’s condition after his alleged injury. The claimant has also submitted his medical expenses under the group health plan of his employer, and had been drawing both short term and long term disability benefits through the date of the hearing. The claimant stated in both his deposition and in the testimony at the hearing that he became upset at the respondents when he was advised by one of the respondents’ office staff that he should apply for Social Security disability rather than plan on returning to his former employment. This incident apparently occurred in the summer of 1995. Subsequently, the claimant filed a claim with the Commission.

[5] The claimant also apparently gave histories to a number of doctors contradicting his present assertion that his injury occurred while at work. In a handwritten progress note from Dr. John Dobbs dated February 15, 1995, Dr. Dobbs indicated that the claimant had been suffering from left arm pain for approximately three weeks. In another progress report dated March 2, 1995, Dr. Ghormley stated that the claimant had injured himself several weeks ago. In a narrative report dated May 25, 1995, Dr. Richard Peek set out the following history for the claimant:

Mr. Donald Black is a 44 year old man who presents today with complaints of neck and upper back pain and associated left arm numbness, pain and weakness, which has been present since October 10, 1994, and worsened on February 10, 1995. He states he was lifting approximately 300 pounds of fixtures with several other people when he experienced a burning sensation in the neck, pain in the right arm, and numbness in the fingers.

[6] In another narrative report from Dr. Peek dated July 20, 1995, the following notation was made:

[7] He has decided that he was injured at work.

[8] The claimant acknowledged that no one was present to observe the alleged lifting incident he described in his testimony, and he admitted that he did not seek workers’ compensation benefits until after he had become angry with his former employer. Significantly, the incident described by the claimant when he was advised by his employer’s office personnel to seek Social Security disability benefits occurred at about the same time as Dr. Peek noted in his July 20 report that the claimant had decided that his injury was work-related.

[9] In our opinion, the patient histories in the various doctor’s report substantially undercut the claimant’s credibility. While some of the claimant’s errors as to specific dates and times might be overlooked on the basis that the claimant is simply a poor historian, the same cannot be said for the inconsistencies in the medical reports. It is not reasonable to assume that all three of the doctors who personally treated the claimant would have failed to correctly note a history of his injury. In this regard, we believe it is of particular significance that Dr. Peek stated that the claimant had been injured in October of 1994. This date was not set out in any of the reports of Dr. Dobbs or Dr. Ghormley and the only place that Dr. Peek could have obtained that information was from the claimant. When the inconsistencies in the claimant’s testimony as well as in the medical reports are both considered, we find that the claimant’s uncorroborated testimony that he sustained an injury at work on February 15, 1995, is entitled to little weight. Moreover, after considering the claimant’s testimony in light of the reports of his treating physicians, we find that the claimant failed to prove by a preponderance of the credible evidence that he sustained an injury arising out of and during the course of his employment on February 15, 1995, as he asserts.

[10] Therefore, after conducting a de novo review of the entire record, and for the reasons discussed herein, we find that the claimant failed to establish by a preponderance of the evidence that he sustained a compensable injury.

[11] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman MIKE WILSON, Commissioner

[12] Commissioner Humphrey dissents.