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Queme v. IBP6/21/2005
had reached MMI, but the trochanteric bursitis had not.
Dr. Kathryn Hajj also provided a medical evaluation and declared that Ana was at MMI as of the day of the evaluation, November 4, 2003, and that the injuries were a direct result of Ana's work-related accidents on January 15, 2001, and January 12 and July 16, 2002. Dr. Hajj stated that Ana suffered "Upper Extremity Joint Impairment Due to Loss of Grip or Pinch Strength," which, based on "The American Medical Association Guidelines for the Evaluation of Permanent Impairment, 5th Edition," equated to a 5-percent whole person impairment. Dr. Hajj rated Ana's pain in the right shoulder as an 8-percent whole person impairment. Thus, Ana would have a 13-percent impairment for the whole person. Dr. Hajj stated that Ana "has been found to be at for non-surgical treatment. . . . For now she could continue to work within the restrictions that have been imposed upon her through her primary physician and Dr. Crabb of light duty restrictions."
Dr. Brent E. Adamson saw Ana on "several occasions." His diagnosis regarding her right arm and shoulder was impingement syndrome, "AC" joint pain, and possible rotator cuff tear of the right shoulder. He also stated that "she carries a diagnosis of a right carpal tunnel syndrome and de Quervain[']s tenosynovitis of her right wrist," which he had not personally evaluated but which had "been reported by other examiners in the past." Dr. Adamson stated that the injuries to her right arm and shoulder were caused by her accident at IBP and that she had not reached MMI for them. As to Ana's lower back and hip, he stated:
er employment at IBP over the last several years has been a contributing factor to the trochanteric bursitis of her right hip. . . . t is not the only contributing factor, but the fact that she would be standing for eight hours per day and repetitively twisting her body to the right and then left to bag tails, and also cutting tails, which required being on her feet, and positioning her body in specific positions, would potentially contribute to trochanteric bursitis. In addition to this, activities at home such as house work and walking could also be contributing factors to her right hip.
Dr. Adamson opined that Ana had not reached MMI for the trochanteric bursitis of her right hip.
III. PROCEDURAL BACKGROUND
Ana filed an amended petition on April 2, 2003, alleging that she sustained injuries on January 15, 2001, and January 12 and July 16, 2002, arising out of and in the course and scope of her employment with IBP. Ana's amended petition provided that the matters in dispute were "past and future medical expenses, temporary disability benefits, penalties, interest and attorney fees." She stated that permanent disability benefits and vocational rehabilitation benefits might be disputed at the time of trial, but that no information was available at the time the petition was filed. IBP denied the allegations of the petition. Following a trial before the Workers' Compensation Court, an award was entered on March 24, 2004.
The trial court found that Ana suffered a repetitive trauma injury on January 15, 2001, to her right hand, forearm, and shoulder, that there was no temporary total disability incurred, and that her hand and forearm incurred no permanent disability, but that she had not reached MMI for the injury to her right shoulder. The trial court also found that on January 12, 2002, Ana suffered an injury to her lower back, but that she incurred no temporary total disability and reached MMI without permanent impairment. Finally, the court found that on July 16, Ana suffered an injury to her right hip arising out of and in the co
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