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Poff v. IBP3/11/2005
Affirmed.
Dick L. Poff appeals the order of the Workers Compensation Board (Board) concerning compensation paid as a result of multiple injuries during his employment at IBP, Inc. Poff argues the Board erred in separating each of his claims and should have considered the cumulative effect of all injuries. He contends the Board erred in finding that he was not permanently and totally disabled and that his claim for work-related hearing loss was untimely. IBP cross-appeals the Board's decision that Poff's varicose vein condition was work related. We affirm.
Poff worked at IBP for 31 years starting in 1970. He began developing carpal tunnel injuries in his hands from trimming cow heads with a knife. While doing this job , he performed work above shoulder level and was on his feet for an 8-hour shift, or longer if he worked overtime. The pain in Poff's fingers, wrists, and shoulders culminated in a carpal tunnel surgery performed by Dr. Bernard Hearon in October and November of 1997. Dr. Hearon released Poff to return to work in February 1998 and he was given an accommodated light duty job of washing, trimming, and cooking intestines which did not require the use of knives. Poff performed light duty jobs for the next 2 to 3 years. Poff testified that he no longer had to use knives, but he had to lift heavy baskets of intestines into the cookers. This job also required him to be on his feet for the entire shift.
Poff first sought medical attention for his varicose veins in April 1999. He testified that the pain in his legs from standing all day and from lifting the baskets of intestines was at an excruciating level. On his own, due to alleged inattention by the IBP nursing staff, Poff sought treatment from Dr. Joseph Bosiljevac, a vascular surgeon. Dr. Bosiljevac diagnosed Poff with varicose veins and recommended he undergo stripping of the worst veins in both legs. Dr. Bosiljevac performed the stripping procedure and took Poff off work from August 10, 1999, until September 13, 1999. Dr. Bosiljevac prescribed Jobst stockings for support and on October 20, 1999, Poff was given full release with a limitation of standing no more that 4 to 6 hours per day or alternating sitting and standing for an 8-hour day.
IBP had previously attempted to accommodate Poff's varicose vein condition before his visit to Dr. Bosiljevac by assigning him to a light, sit down job of "washing tails." We are informed that the job is precisely what it says. Poff performed this job until he quit IBP in 2000. The job of washing tails was a sitting job that required Poff to twist to his right, pick up the tail, wash it under high pressure, and then put it in a tub on his left. Poff testified the stool he sat on to wash tails was too tall and his feet would dangle because they could not reach the floor. He said IBP gave him an appropriate stool once in a while but someone would take it because IBP was always short on stools.
Poff testified that he first experienced low back pain when he was lifting the baskets of intestines and the pain did not subside when he began washing tails. Poff had therapy and chiropractic work performed on his back.
Poff quit his job at IBP effective June 29, 2000. He testified the pain in his legs, arms, shoulders, and hands was too much. The day before he quit, Poff requested a hearing examination be performed by the medical staff at IBP. Poff testified he wanted a record of his hearing when he left IBP.
Poff filed four separate workers compensation claims. The Administrative Law Judge (ALJ) awarded compensation to Poff on three of the claims, but denied compensation on Poff's claim for hearing loss damage. In claim No. 233,909, the A
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