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Cutsinger v. Spears Manufacturing Company6/28/2002
P.2d 989 (1998).
One particular group of claimants that has been adversely affected by this ruling is that group seeking relief under an occupational disease theory. Claimants pursuing relief under this theory for the aggravation or acceleration of a pre-existing condition caused by repetitive trauma or the sudden onset of symptoms experienced in the workplace, absent a showing of one specific event, are denied recovery under this Court's current case law.
After carefully reviewing the cases upon which Nelson is based, I find that a claimant need not establish that an accident, as previously defined by this Court, accelerated or aggravated a pre-existing condition to pursue a claim under an occupational disease theory. This position furthers the legislative intent behind the relevant code provisions and is in accord with the worker 's compensation cases that formed the foundation for our current law.
I begin my task of supporting this position by examining this Court's holding in the case which solidified the "accident" requirement in the context of an occupational disease case, Nelson v. Ponsness-Warren Idgas Enterprises.
1. Nelson v. Ponsness-Warren Idgas Enterprises.
In Nelson, the claimant was diagnosed with carpal tunnel syndrome and possible thoracic outlet syndrome in 1980. Id. at 130, 879 P.2d at 593. In 1988, she began working on an assembly line at Ponsness-Warren Idgas Enterprises. Id. The job required repetitive tightening of screws and thus twisting and turning of her hands throughout the day. Id. Nelson's symptoms became worse and carpal tunnel release surgery was performed on both hands in May of 1989. Id. Her treating physician, Dr. Pike, believed that she suffered from a work-related aggravated condition. Id. Although Nelson experienced pain in her left hand after surgery, she briefly returned to work at Ponsness- Warren in July of 1989. Id. Throughout 1989, Nelson complained of pain in her left arm and shoulder. Id. As of October of 1989, Dr. Pike believed that her carpal tunnel syndrome was stable and resolved and she should not be rated as permanently impaired from the condition. Id. A panel of physicians hired by Ponsness-Warren examined Nelson and determined that she suffered no permanent partial impairment from carpal tunnel syndrome. Id. However, Dr. Brinkman, another physician, concluded that as of May 31, 1990, Nelson still suffered from residual carpal tunnel symptoms. Id.
Following a hearing, the Industrial Commission (Commission) determined that Nelson's possible thoracic outlet syndrome and shoulder problems were not sustained through her employment with Ponsness-Warren. Id. The Commission also determined that Nelson's employment with Ponsness-Warren aggravated her pre-existing condition of carpal tunnel syndrome and that such aggravation was an occupational disease arising out of her employment with Ponsness-Warren, and was compensable, despite the fact that no industrial "accident" caused the aggravation. Id. On reconsideration, the Commission again denied compensation for Nelson's shoulder condition and reaffirmed its decision to compensate Nelson for the aggravation of her carpal tunnel syndrome. Id. at 131, 879 P.2d at 594. The Commission found Nelson's condition was asymptomatic before she began work at Ponsness-Warren. Id. The Commission noted that an accident, in the form of repetitive trauma to her hands, had aggravated the pre-existing condition. Id.
This Court began its analysis by finding that the Commission erred in concluding that Nelson's pre-existing condition was asymptomatic or dormant before Nelson began work with Ponsness-Warren. Id. Consequently, Nelson's carpal tunnel syndrome
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