CLAIM NO. E115617
JOHN HOLLOWAY, EMPLOYEE, CLAIMANT v. RAY WHITE LUMBER CO., EMPLOYER, RESPONDENT and SILVEY COMPANIES, CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
OPINION FILED JUNE 28, 1996
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by DONALD P. CHANEY, JR., Attorney at Law, Arkadelphia, Arkansas.
Respondent represented by DAVID LANDIS and MARK MAYFIELD, Attorneys at Law, Jonesboro, Arkansas.
Decision of Administrative Law Judge: Affirmed.
[1] OPINION AND ORDER
[2] Claimant appeals from a decision of the Administrative Law Judge filed September 25, 1995 finding that the claimant failed to prove by a preponderance of the evidence that his carpal tunnel condition is related to his compensable injury. We affirm the decision of the Administrative Law Judge.
[3] The claimant sustained an injury to his right arm in 1981, when he put his arm through a plate glass window. This injury was not a work-related injury. The claimant lacerated the elbow flexion crease cutting both the brachial artery and vein and lacerating the median nerve. Dr. Parnell performed the arterial repair and Dr. Saer repaired the nerve. Dr. Saer opined that the claimant would never have a “totally normal hand.”
[4] The claimant testified that he recovered from the 1981 injury and was able to work at several labor intensive jobs. However, the claimant admitted that his hand was not fully recovered when he was released from Dr. Saer’s care.
[5] On August 13, 1991, while working for the respondents, the claimant injured his right arm when a board from a roller sprang up and popped his arm into the air causing a sharp pain. The claimant did not seek medical attention until August 26, 1991. The respondents accepted the injury as compensable. The claimant now contends that his current carpal tunnel problems were caused by the August 13, 1991, injury. The respondents contend that claimant’s arm condition is not related to the compensable injury and that the claimant is not entitled to additional temporary total disability benefits.
[6] On August 26, 1991, the claimant was examined by Dr. Michael Ford, but he failed to mention his prior history of arm problems. Dr. Ford referred the claimant to Dr. Paul Tucker, a neurologist. Dr. Tucker diagnosed the claimant with a peripheral nerve injury. Dr. Tucker stated that he could not tell if the injury was exacerbated by recent trauma and that the problem appeared to be in the vicinity of the old scar. In November of 1991, the claimant began seeing Dr. Marcia Hixson. Dr. Hixson diagnosed an injury to the median nerve. She performed surgery on the claimant on January 22, 1992, to release the nerve.
[7] In June of 1992, Dr. Hixson stated that the claimant had plateaued from his injury and from the surgery. Dr. Hixson assigned the claimant a 20% impairment rating of the right upper extremity. However, she was unable to state how much of that was new, how much of that was an aggravation of an old injury and how much was the old injury itself.
[8] The claimant was able to perform farm work which included lifting sacks of feed and driving a tractor. In September of 1992, he fell off of a tractor striking the ground so hard he was “addled.” The claimant was treated by Dr. Earl Peeples for a back injury.
[9] The claimant was diagnosed with carpal tunnel syndrome by Dr. Hixson in October of 1993. In addition, the right index finger had progressively drawn inward a/k/a claw finger. The respondents had Dr. Peeples perform an independent medical examination on the claimant. Dr. Peeples noted that the claimant relaxed the claw finger when he was distracted. Dr. Peeples opined that the claimant had carpal tunnel syndrome, but that he was unable to tell if it related to a specific injury at work or to slow development over a period of time. Dr. Peeples stated that it was doubtful that the carpal tunnel was caused by a specific injury at work. He stated:
It is impossible to determine from examination exactly when the right carpal tunnel syndrome began and its exact etiology or the portion of the carpal tunnel attributable to the alleged incident in August of 1991.
[10] The claimant testified that he is able to oversee 110 acres of a farm and raise cattle. He is able to drive a tractor and operate a manual transmission pickup truck. His wife testified that the claimant does maintenance on their vehicles as well. Accordingly, we affirm the opinion of the Administrative Law Judge finding that the claimant failed to prove that the carpal tunnel condition was related to the August 1991 compensable injury.
[11] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALICE L. HOLCOMB, Commissioner
[12] Commissioner Humphrey dissents.
