CLAIM NO. E009368
PAM WILLIFORD, EMPLOYEE, CLAIMANT v. CAMPBELL SOUP COMPANY, EMPLOYER, RESPONDENT and TRAVELERS INSURANCE COMPANY, CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED SEPTEMBER 15, 1994
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by WILLIAM JOSEPH SEGERS, III, Attorney at Law, Fayetteville, Arkansas.
Respondent represented by MICHAEL E. RYBURN, Attorney at Law, Little Rock, Arkansas.
[1] ORDER
[2] This matter comes on for review by the Full Commission on remand from the Court of Appeals from the remand order dated July 26, 1994. In said order, the Court of Appeals found that the Full Commission erred by including the language, “[t]herefore, this claim is respectfully denied and dismissed”, in our June 1, 1993 opinion and order. This language was inadvertently included despite the fact that we affirmed the Administrative Law Judge’s decision which had awarded some benefits to claimant.
[3] The Administrative Law Judge found that claimant had sustained a permanent anatomical impairment rating of 5% to the body as a whole as a result of her thoracic outlet syndrome and that she had sustained a 5% loss of wage earning capacity for a total permanent partial impairment of 10%. Our opinion and order does not make a specific finding regarding permanent partial disability as to this. Thus, by including the aforementioned quoted language, we may have inadvertently eliminated the 10% permanent partial impairment rating. The Court of Appeals remanded this case to the Full Commission with the directions to clarify its opinion and to affirm the award of 10% to the body as a whole as awarded by the Administrative Law Judge.
[4] After conducting a de novo review of the entire record, we find that claimant has proven by a preponderance of the credible evidence that she sustained permanent anatomical impairment of 5% to the body as whole and that based upon her age, education, work experience and other factors, claimant is entitled to 5% wage loss disability. Therefore, we affirm the Administrative Law Judge’s decision.
[5] A preponderance of the credible evidence indicates that Dr. Garbutt, who offered several opinions, eventually appears to have settled on a 5% rating to the body as a whole. The 5% represents the residual impairment from claimant’s thoracic outlet syndrome and subsequent surgery. Therefore, we find that a preponderance of the evidence indicates that claimant is entitled to a 5% permanent anatomical impairment rating.
[6] Our review of the evidence indicates that claimant is quite young, 31 years old at the date of the hearing. Claimant maintains that she is constantly in pain. She and her mother testified that she is unable to drive a motor vehicle for an extended period of time. Testimony is also in the record stating that claimant is not as athletic as she used to be and is still suffering from incapacitating headaches. Furthermore, claimant’s work experience seems to be limited primarily to factory work. However, claimant is presently attending vocational school to obtain secretarial skills. Claimant feels that she is competent to complete her training. Therefore, we find by a preponderance of the evidence that she has sustained a 5% loss of wage earning capacity.
[7] Based upon the foregoing, we find that claimant has proven by a preponderance of the credible evidence that she is entitled to a 10% percent permanent partial impairment rating as to the thoracic outlet syndrome. However, we specifically find that claimant has failed to prove by a preponderance of the credible evidence that she sustained a recurrence, aggravation or new injury of her wrists and/or hands which aggravated or exacerbated her previously diagnosed and treated carpal tunnel syndrome. Therefore, claimant is not entitled to any additional permanent partial disability benefits related thereto. Therefore, we affirm the decision of the Administrative Law Judge.
[8] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner
[9] Commissioner Humphrey concurs.
