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Shields v. GNB Technologies9/27/2000
From a judgment in favor of the worker's compensation claimant, Kathleen Shields, the employer, G.N.B. Technologies, Inc. (GNB), appealed a judgment awarding the claimant penalties and attorney's fees along with the right to be examined by an orthopedist. Claimant answered the appeal and sought an increase in attorney's fees. For the following reasons, we amend and affirm.
FACTS AND PROCEDURAL BACKGROUND
The claimant began her employment with GNB, a battery manufacturer, in 1990. After a few months she became a line worker, a position she held until her condition caused her to leave work in January 1997 for surgery for carpal tunnel syndrome. After returning to her employment in March 1998, she worked as a janitor. The parties agreed that Shields suffered from carpal tunnel syndrome for which she had received treatment. At issue is the claimant's entitlement to have her employer pay for an examination by an orthopedic specialist for her shoulder, neck and elbow pain. After her employer refused to authorize her visit to an orthopedist, Shields filed a disputed compensation form in June 1998 seeking additional medical treatment along with penalties and attorney's fees.
Testimony and Evidence
Shields testified she worked as a line worker (tech-mak) in the COS (cast on strap) area where she loaded handfuls of lead plates weighing approximately 5 to 7 pounds onto a machine about five times a minutes for installation of a strap. She also worked on the other side of the machine where she removed (approximately 20 times a minute) smaller, lighter bundles of lead plates and placed the bundles into battery cases.
The claimant testified that in 1996 she began experiencing physical problems which she attributed to the activities of her job . The first severe problem was that her right hand became and remained swollen. Shields reported the complaint to two superiors and to the plant nurse, Vicky Tingler in August 1996. She also reported it to her supervisor when he returned after being off work.
On November 1, 1996, Shields first saw the plant doctor, Dr. Dennie, who recommended nerve conduction studies. Dr. Dennie's records show that the claimant complained of wrist and hand pain going up her forearm. One of the tests performed revealed numbness and tingling going up both arms to the elbows. In the report of Shields' December 3, 1996 visit to Dr. Dennie is the statement that the treatment plan was for Shields to be "referred directly to Dr. Stephen Ramey" for evaluations and treatment.
At the time of claimant's November 18, 1996 visit to Dr. Eric Bicknell for electrodiagnostic tests, Shields testified the pain in her arms had become severe. Dr. Bicknell's records state that Shields reported, in addition to her hand and wrist symptoms, "at times, burning sensations of the entire right hand and forearm up to the elbow. She does note some occasional intermittent neck and shoulder aching." Diagrams from that visit reflect complaints of "stabbing" pains in the shoulders and "ache" in the neck. His tests revealed carpal tunnel syndrome and "no electrodiagnostic evidence of ulnar neuropathy, brachioplexopathy, or cervical radiculopathy on either side."
The claimant testified that Dr. Dennie informed her that her condition required treatment by a specialist and on Tingler's recommendation, Shields saw Dr. Ramey. At her first visit to Dr. Ramey on December 10, 1996, Shields stated on her patient information form that Dr. Dennie referred her to Dr. Ramey. Dr. Ramey confirmed the carpal tunnel diagnosis and recommended conservative treatment while the claimant continued to work. Dr. Ramey's initial consultation report, dated Decembe
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