EVELYN ROBERSON                                                                                                                       CLAIMANT

vs.

MAGNETEK, INC.                                                                                                                            EMPLOYER
AND
HARTFORD ACCIDENT AND INDEMNITY                                                                                  CARRIER

APPEARING FOR CLAIMANT:
Honorable J. Peyton Randolph, II, Attorney at Law, Jackson, Mississippi
 
APPEARING FOR DEFENDANTS:
Honorable Walter J. Eades, Attorney at Law, Gulfport, Mississippi
 

The Commission heard the above styled cause on February 12, 2001 in the offices of the Mississippi Workers' Compensation Commission in Jackson, Mississippi on Claimant's "Petition for Review before Full Commission".

Having heard the arguments offered on behalf of the parties and having thoroughly studied the record and the applicable law, the Commission affirms the "Order of the Administrative Judge" dated September 11, 2000.

SO ORDERED, this the 12th day of February, 2001.

MISSISSIPPI WORKERS' COMPENSATION COMMISSION
BY: BARRETT SMITH
BARNEY SCHOBY
COMMISSIONERS

ATTEST:
Joann McDonald, Secretary
___________________________

MWCC No. 99 05202-G-5368

EVELYN ROBERSON                                                                                                                     CLAIMANT

vs.

MAGNETEK, INC.                                                                                                                          EMPLOYER
AND
HARTFORD ACCIDENT AND INDEMNITY COMPANY                                                            CARRIER

APPEARING FOR CLAIMANT:
J. Peyton Randolph, II, Attorney at Law, Jackson, Mississippi
 
APPEARING FOR EMPLOYER/CARRIER:
Walter J. Eades, Attorney at Law, Jackson, Mississippi
 

1 . Claimant's average weekly wage on the date of the alleged work accident was $342.40.

2. There is no remaining issue to be decided regarding the reasonableness and necessity of the medical treatment.

3. The parties stipulated that if Patricia Ann Free and Reverend Hugh Lee Lewis were called to testify by the Claimant, their testimony would be that they have observed Claimant experiencing problems with driving and at church and that Claimant does not handle any typing duties at the church.
 

2. Whether or not Claimant has reached maximum medical improvement.
 
3. Assuming compensability, the existence and extent of temporary disability attributable to the alleged work accident.

4. Assuming compensability, the existence and extent of permanent disability attributable to the alleged work accident. The Employer-Carrier has raised the affirmative defense of a superseding, intervening event.

5. Whether Claimant is entitled to recover penalties and interest on disability payments not timely made.
 

Claimant said she initially worked in coil finishing for the Employer, threading wires through paper and then wrapping the wires together. Claimant said she worked in that area for approximately fifteen years, after which she was moved to various positions on the assembly line for approximately five years. 

Claimant stated that after working on the assembly line, she moved to the cold test line, which involved clipping up to 16 wires on machines and then testing the machine. Later, Claimant was moved to the customer returns department where she repaired and cleaned products. She also had to test the products, stack items, pack units, and wrap units.

Claimant said she returned to the assembly line, where she packed items into a carton, placed wires around a unit, and wrapped the unit. She was also responsible for sautering wires to the unit and then cleaning the unit with a cloth. Claimant said she worked on approximately 4,000 units per day, with the heaviest unit weighing up to twenty pounds and the lightest unit weighing around one and one-half pounds.
 
Claimant testified that she began having numbness and tingling in her hands when she began wrapping units at the Employer in 1996. Claimant said she saw the company nurse and was referred to Dr. Morris, who treated Claimant for numbness in her hands and a lump on her wrist. Claimant stated that she still has the lump on her wrist, which increases in size if she does any repetitive physical activity. Claimant did not disagree that she may have seen Dr. Morris in 1995.
 
Claimant stated that she used the brace prescribed by Dr. Morris but continued to work at the Employer in a different position. She stated that she was placed in the different position at the Employer due to her hand problems. Claimant said she did not receive medical treatment again until she saw Dr. Geissler.

Claimant last worked at the Employer on May 8,1998 (Exhibit 5). She said her last position was on an assembly line, which worsened her hand problem. Claimant admitted that she was not under a physician's care in May 1998 when she was laid off by the Employer.
 
Claimant testified that she sought medical treatment from Dr. Geissler after leaving her employment. She said she continued to have numbness in her hands along with difficulty gripping and holding. She felt her symptoms were similar to what she felt when she initially saw Dr. Morris, but that the symptoms had worsened. Claimant recalled that Dr. Morris had been paid by the Carrier, but Dr. Geissler had not. Claimant stated that since the Employer closed, she did not attempt to contact anyone about paying for her medical bills.
 
Claimant testified that she currently sleeps in her hand braces at night, and she continues to have problems with both hands. She felt that wrapping and handling the units and steel at work caused the problems in her hands and arms. She recalled that while working her hands would get numb, and she would have pain in wrist and shoulder. Claimant said switching positions at the Employer allowed her to continue to work.
 
After being laid off by the Employer, Claimant said she worked as a babysitter for her sister, caring for a small child and cooking. She earned approximately $132.00 per month, and she worked from 8:00 a.m. until 4:30 p.m. every work day. She has not worked anywhere else.

Claimant testified that she currently has problems gripping, using her fingers, and performing any type of repetitive motion work. She said that she no longer types programs for her church because she has problems with numbness in her fingers while typing. She currently is the church secretary, but she is not in a paid position.
 
She said she applied for work at various factories, Pizza Hut, Dollar General, Fred's, Piggly Wiggly and other grocery stores, Sanderson Farms for an office position, a furniture store, the Employment Security Commission, and other retail stores. Her job search has not been successful. Claimant admitted that she has computer skills to the extent that she can type letters on her home computer. She claimed that she has problems driving her car because she has numbness in both hands. Claimant admitted that she also has a back injury from falling in her bath tub at home.
 
Claimant testified that on October 25, 1999, she received medical treatment for a hand and thumb injury. She said she fell on her hand and had pain between her thumb and first finger on her left hand. She stated that she received medical treatment only once and that she has had no problems since. Mr. Alex Roberson, Claimant's son, testified that he lives with his mother (the Claimant) and father. He confirmed that she does household chores such as washing dishes, lifting things, opening jars, etc. Roberson confirmed that Claimant complains of pain and swelling in her fingers. He has observed the knot on Claimant's wrist. Roberson testified that Claimant began having problems in the 1990's and that she stopped working around the house as much. He said he has to do more household duties now since Claimant's fingers and hands hurt and swell.

Ms. Gussie Mae Lewis testified for the Claimant. She is Claimant's aunt. Lewis worked with Claimant approximately twenty-five years at the Employer. She said she observed Claimant having pain in her hands and heard Claimant ask for pain medication. Lewis stated that Claimant initially began having problems lifting units and stacking steel. Lewis confirmed that Claimant handled approximately 4,000 units per day at work.

Lewis testified that she, sometimes drives Claimant to physician appointments. She noticed Claimant having problems driving and shifting gears, as well as holding the steering wheel. Lewis admitted feeling that she also should have a workers' compensation claim against the Employer and that she personally felt wronged by the Employer.
 
Exhibit 4 is the Health and Accident Record from the Employer for the Claimant. There is a notation that Claimant visited the nurse for bilateral numbness in the hands and pain on September 14, 1995, and October 2, 1995. There is an additional notation of pain in Claimant's left arm on October 17, 1996.
 
The medical records of Dr. R. Timothy Morris show an initial visit of October 6, 1995, at which time Claimant complained of numbness bilaterally, greater on the left. He noted that Claimant described a recent job change one month prior causing her to lift heavier units and use her hands more. Claimant reported that her hands felt like they were going to sleep with decreased grip strength. Claimant also reported that she was asymptomatic prior to the job change. He placed Claimant on light duty and advised Claimant to have modified duties. He tentatively allowed Claimant to return to regular duty work on October 23, 1995.

On October 20, 1995, Claimant returned to Dr. Morris for left hand and wrist pain with numbness. He noted that she was experiencing symptoms for the first time on her right side.. He specifically wrote, "The left upper extremity symptoms have resolved." He returned Claimant to regular duty with instructions to continue to wear her splint as needed for returning symptoms.
 
Dr. Morris saw Claimant again in November or December 1995. At that time, he noted Claimant's complaints of pain in the left palm and hand with swelling and mild numbness. He diagnosed her with left hand/wrist tendonitis and ganglionic cyst. He gave her another splint and released her to return to regular duty on December 1, 1995. He noted that Claimant reported doing well at work and weaning herself from using the splint. He released Claimant to return as needed.
 
Dr. William Geissler, orthopaedic surgeon, initially treated Claimant on April 19, 1999, for Claimant's complaints of numbness in both hands. After an examination and an EMG nerve conduction test, Dr. Geissler diagnosed Claimant with bilateral carpal tunnel syndrome, slightly worse on the right side. Dr. Geissler continued to treat Claimant and recommended surgery. Dr. Geissler testified that if Claimant did not want to proceed with surgery, he would approximate her permanent medical impairment rating to be ten percent to each upper extremity. He recommended that Claimant attempt to work before he would decide what limitations she has.
 
Dr. Geissler noted that Claimant provided a past medical history of having three years of numbness to both of her hands, but she did not mention work. She did not report to Dr. Geissler that her symptoms were caused or aggravated by work, nor did she report a work injury. He noted that Claimant did not complete the section of the Patient Information Form which described how the injury occurred.
 
When asked about a causal connection between Claimant's work at the Employer and her carpal tunnel syndrome, Dr. Geissler testified, "I think [I] would be saying that the work seemed to aggravate some symptoms consistent with carpal tunnel syndrome." However, Dr. Geissler had no knowledge of Claimant's work duties at the, Employer or her activities after her last date of employment (May 1998) until he began treating her in April 1999. Since Claimant did not report her problems as being work related, Dr. Geissler said he did not take an extensive work history as he usually would.
 
The records of the Mississippi Sports Medicine and Orthopaedic Center indicate Claimant visited on October 25, 1999, with complaints of left thumb pain and right long finger PIP joint pain. She was seen and treated for a diagnosis of a left thumb ligament strain and osteoarthritis in the PIP joint. She was given a thumb brace and released to return as needed.
 

2. All other issues are moot due to the previous finding.
 

IT IS, THEREFORE, ORDERED AND ADJUDGED that the Claimant's claim for workers' compensation benefits is hereby denied.

SO ORDERED this the 11th day of September, 2000.

TAMMY GREEN HARTHCOCK
ADMINISTRATIVE JUDGE

ATTEST:
Joann McDonald, Secretary