CLAIM NO. E904590
Before the Arkansas Workers’ Compensation Commission
OPINION FILED AUGUST 10, 2000.
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by BENNIE O’NEIL, Attorney at Law, North Little Rock, Arkansas.
Respondents represented by WILLIAM C. FRYE, Attorney at Law, Little Rock, Arkansas.
Decision of Administrative Law Judge: Reversed and remanded.
OPINION AND ORDER
Claimant appeals a January 27, 2000 opinion of the Administrative Law Judge finding that claimant failed to prove by a preponderance of the evidence that his carpal tunnel syndrome is causally related to his employment.
Since claimant asserts that he sustained a work-related gradual onset carpal tunnel syndrome injury that occurred after July 1, 1993, claimant is not required under the provisions of Act 796 of 1993 to establish that his work duties involved rapid repetitive motion as an element of his claim. See Kildow v. Baldwin Pianoand Organ, 333 Ark. 335 969 S.W.2d 190 (1998). However, claimant must still establish that his carpal tunnel syndrome injury arose out of and in the course of his employment, that the work-related injury is the major cause of his disability or need for medical treatment, and claimant must establish the compensable injury with objective medical findings. See Id. After our de novo review of the entire record, we find that claimant has met his burden of proof and accordingly, reverse the opinion of the Administrative Law Judge.
Claimant has been employed by this employer for 25 years at the time of the hearing. Claimant’s job duties involve primarily changing tires. The evidence indicates that during the first hour of each day, claimant cleaned up the business. For about two hours or so each day, claimant would make deliveries to various places. During the remaining five hours of each day, claimant changed and fixed approximately 20 tires. The evidence indicates that such activities are hand-intensive. Claimant has been having problems with pain and numbness in his upper extremities for years. He had been seen by a physician in 1997 and 1998 with pain in his hands. By the time claimant was seen by Dr. Schultz, a neurologist, claimant’s carpal tunnel syndrome was causing disability. The electrodiagnostic studies performed by Dr. Schultz indicated very severe, long-standing and objective abnormalities.
The ALJ placed more weight on the opinion of Dr. Weber than the opinion of Dr. Schultz. Dr. Weber testified, “I really don’t have an opinion.” However, Dr. Weber acknowledged that if claimant had been doing the repetitive duties of changing and fixing tires at least two hours per day, such activity could possibly cause carpal tunnel syndrome. The bottom line is that Dr. Weber really has no opinion regarding causation.
In contrast, Dr. Schultz emphatically opined that claimant’s carpal tunnel syndrome is causally related to his employment. He remained adamant even after respondents told Dr. Schultz that claimant was not changing tires all day, every day.
Based on claimant’s credible description of his job duties and the development of his condition, Dr. Weber’s reluctance, or refusal, to state an opinion, the unequivocal opinion of Dr. Shultz that a causal connection exists, plus the absence of any non-work related explanation for claimant’s condition, we find that claimant has met his burden of proof and accordingly, reverse the opinion of the ALJ denying benefits.
For the foregoing reasons, we reverse the opinion of the Administrative Law Judge finding that claimant failed to prove by a preponderance of the evidence that his carpal tunnel syndrome is causally related to his employment. Further, we hereby remand this matter to the Administrative Law Judge to determine the extent of benefits to which claimant may be entitled. For prevailing on this appeal before the Commission, claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00.
IT IS SO ORDERED.
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PAT WEST HUMPHREY, Commissioner
Special Commissioner Greenbaum concurs.
Chairman Coffman dissents.