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Bowles v. General Electric3/31/2005
FOR PUBLICATION
On April 3, 2002, Mandy Bowles filed an application for adjustment of claim with the Indiana Worker 's Compensation Board claiming permanent disablement from injuries suffered while working for General Electric (GE). GE moved to dismiss Bowles's claim for lack of jurisdiction pursuant to Ind. Code Ann. ยง 22-3-3-3 (West 1998). A single hearing member of the Board granted GE's motion to dismiss, and Bowles filed for review. After a hearing, the full Board affirmed the single hearing member's decision. On appeal, Bowles raises two issues that we consolidate for review: Is her claim time-barred?
We affirm.
The facts are undisputed. Bowles began working at GE's Bloomington, Indiana refrigerator factory on June 18, 1990. GE assigned Bowles to water line assembly, where her duties consisted of attaching and tightening components of the water line with an air wrench. Bowles was required to complete three units a minute. In 1994, Bowles began to experience pain in her right and left elbows and her family physician, Dr. Larry Ratts, referred her to Dr. Sterling Doster. In May 1995, Bowles underwent two surgeries wherein Dr. Doster performed ulnar nerve transfers on her right and left elbows. Following these surgeries, Bowles was off work for twelve weeks. During this time, Bowles chose to receive short-term disability as opposed to worker 's compensation benefits based on consultation with a Union official and her belief that if she utilized worker 's compensation, GE "would make me come back sooner than I expected. I mean, sooner than what the doctor wanted me to." Appellant's Appendix at 20.
Dr. Doster released Bowles to work in August 1995 and Bowles returned to her assembly-line position. Bowles continued to experience tingling in her fingers and general weakness in her hands and, despite some relief, the symptoms she experienced before her May 1995 surgeries never completely subsided. On November 9, 1999, Bowles consulted with Dr. Ratts, and complained of mild tenderness in her right elbow. Dr. Ratts again referred Bowles to Dr. Doster. Bowles met with Dr. Doster on November 9, 1999, and complained to him of increasing pain in her right elbow. According to Dr. Doster's office note from that visit, the pain "seems to be related to work since she states [GE has] raised the line service because of trying to save some money for the company because of competition from Mexico." Id. at 33. Thereafter, Dr. Doster diagnosed Bowles's condition as lateral epicondylitis, more commonly known as tennis elbow, and placed Bowles on a treatment regime of an anti-inflammatory medication and use of a counterforce brace. Bowles did not report the injury to GE despite knowing her injuries were work- related.
On April 25, 2000, Bowles left her employment with GE because "I was wore out with it and I knew I had a surgery coming up." Id. at 54. Rather than applying for worker 's compensation , Bowles applied for and received non-occupational, short-term disability for 26 weeks, and then began receiving long-term disability benefits. In completing a medical form relating to her disability claim in April 2000, Dr. Doster indicated that Bowles could only perform modified duties with restrictions on her arm motions. On May 9, 2000, Dr. Doster performed a third surgery on Bowles, consisting of a right ulnar nerve transposition. Bowles continued to experience numbness and tingling after the May 2000 surgery. Dr. Dale Dellacqua, an associate of Dr. Doster, performed a fourth surgery on August 3, 2001. Bowles submitted bills for these surgeries to her group health insurance carrier. Bowles subsequently applied for and received social security disability.
On April
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