BOYD v. DANA CORPORATION, 1998 AWCC 363


CLAIM NO. E604907

JAMES R. BOYD, EMPLOYEE, CLAIMANT v. DANA CORPORATION, EMPLOYER, RESPONDENT and ITT SPECIALTY RISK SERVICES, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED OCTOBER 28, 1998

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

Claimant represented by PAUL TEUFEL, Attorney at Law, Jonesboro, Arkansas.

Respondent represented by GENE WILLIAMS, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter is presently before the Commission on remand from the Court of Appeals. In its opinion delivered May 6, 1998, the Arkansas Court of Appeals reversed our findings that claimant failed to prove that his movements and motions to prepare a gear meet the requirement of rapid repetitive motion, and the court reversed our finding that claimant failed to satisfy the major cause requirement for establishing a compensable gradual onset rapid repetitive motion injury. Consequently, we find that the claimant proved by a preponderance of the evidence that his injury was caused by rapid repetitive motion, and we find that the claimant proved by a preponderance of the evidence that his work-related injury was the major cause of his disability and need for medical treatment.

[3] We also find that the claimant has established his compensable injury by medical evidence supported by objective findings. In reaching that conclusion, we note that, as a result of his complaints, claimant presented to his family physician, Dr. Mark Brown. After a period of conservative treatment, Dr. Brown ordered nerve conduction studies which confirmed the diagnosis of bilateral carpal tunnel syndrome. These medical findings satisfy the objective findings requirement of Act 796. These studies also confirmed moderate right carpal tunnel syndrome and mild left carpal tunnel syndrome.

[4] Therefore, for the reasons discussed herein, we find that the claimant has established by a preponderance of the evidence each of the requirements necessary to establish the compensability of his bilateral carpal tunnel syndrome.

[5] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman

PAT WEST HUMPHREY, Commissioner

[6] Commissioner Wilson concurs.