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Ridlespurge v. Kmart Corporation12/8/2000
This is a workers' compensation case.
On April 25, 1997, Brenda Ridlespurge filed a complaint in the Circuit Court of Etowah County, alleging that she had sustained injuries to various body parts while working within the line and scope of her employment with Kmart Corporation. She also alleged that she subsequently developed fibromyalgia as a result of the on-the-job accident. Following a trial, the circuit court entered a final judgment on October 20, 1999, finding that Ridlespurge had a loss of earning capacity of 40% and awarding her permanent-partial-disability benefits and the right to future medical benefits for the injury to her right shoulder. However, the trial court concluded that injuries to Ridlespurge's left shoulder and back, as well as her fibromyalgia, were not compensable under the Workers' Compensation Act (hereinafter "the Act"). On November 12, 1999, Ridlespurge filed a postjudgment motion, which the trial court denied. Ridlespurge appeals, alleging that the trial court erred in finding 1) that her fibromyalgia is not compensable; 2) that her back injury is not compensable; and 3) that she is not permanently and totally disabled.
A review of the record indicates the following facts:
Ridlespurge is a 47-year-old woman with an 8th grade education. At the time of the accident at issue, she was employed by Kmart as a manager in the electronics department. On May 30, 1995, while Ridlespurge was turning on the televisions in her department, a shelf holding a combination TV/VCR fell and struck her on the right shoulder. Ridlespurge supported the shelf and TV/VCR until help arrived several minutes later. Ridlespurge promptly filled out an accident report but sought no medical treatment at that time, performing her job normally for the remaining seven months of 1995.
On November 27, 1995, Ridlespurge applied for a part-time position at Dollar Tree Stores, Inc., acknowledging in her application that she was capable of performing the following job duties without limitation: "Able to unload stock from truck (max. wt. 50 lbs.) lifting shoulder to ground -- ground to shoulder. Using box cutter, stocking, pricing, climbing ladder, vacuuming, dusting, register operation, assisting customers, and general maintenance of store." On the same application, she also affirmed that she had no physical limitations that precluded her from performing certain jobs. At trial, Ridlespurge testified that she worked at a Dollar Tree store through the holiday season in addition to her job at Kmart, but that she performed only cashier duties at the Dollar Tree store.
On January 4, 1996, Ridlespurge sought medical treatment for the first time in relation to the May 30, 1995, accident, when she went to the emergency room complaining of neck and shoulder pain. She was referred to Dr. William Stewart, an orthopedic surgeon, who subsequently performed an arthroscopic surgery and a closed manipulation on her right shoulder. After requesting another doctor, Ridlespurge went to Dr. James Flanagan, an orthopedic surgeon, who performed a second arthroscopic surgery on her right shoulder. Dr. Flanagan also performed on Ridlespurge a third surgery, known as a Mumford procedure, in which a portion of her collarbone was removed in an effort to remedy her shoulder pain. When Ridlespurge continued to experience pain, Dr. Flanagan began to suspect fibromyalgia and referred her to Dr. Douglas Bell, a rheumatologist specializing in musculoskeletal diseases. After examining her and performing several tests, Dr. Bell diagnosed Ridlespurge with fibromyalgia secondary to the May 30, 1995, on-the-job accident.
In his deposition, Dr. Bell described fibromyalgia as being "in s
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