Commonwealth of Kentucky 

Workers’ Compensation Board

 

 

 

OPINION ENTERED:  November 21, 2014

 

 

CLAIM NO. 201300742

 

 

JOYCE M. RAY                                   PETITIONER

 

 

 

VS.        APPEAL FROM HON. JANE RICE WILLIAMS,

                 ADMINISTRATIVE LAW JUDGE

 

 

 

MARTINREA HOPKINSVILLE, LLC AND

HON. JANE RICE WILLIAMS,

ADMINISTRATIVE LAW JUDGE                      RESPONDENTS

 

 

OPINION

AFFIRMING

 

                       * * * * * *

 

 

BEFORE:  ALVEY, Chairman, STIVERS and RECHTER, Members. 

 

 

RECHTER, Member.  Joyce Ray (“Ray”) appeals from the June 20, 2014 Opinion, Award and Order of Hon. Jane Rice Williams, Administrative Law Judge (“ALJ”).  The ALJ determined Ray suffered an injury to her cervical spine, and awarded permanent partial disability benefits and medical benefits.  On appeal, she argues the ALJ erred in concluding her bilateral carpal tunnel syndrome was not work-related.  For the reasons set forth herein, we affirm.

          At the time of her injury, Ray was employed by Martinrea Hopskinsville, LLC (“Martinrea”) as a final weld inspector.  On May 20, 2011, she was inspecting a transmission cradle when a chain holding an overhead florescent light broke.  The light swung down, hitting the left side of her head behind her ear.  She believes she lost consciousness.  Ray was taken to the emergency room.

          She returned to work and, two days later, was moved to light duty.  After several weeks of light duty, she was able to continue working without restrictions.  She sought no further medical treatment for the injury until October 2011, because she was experiencing ongoing headaches, neck pain, and shoulder stiffness.  She also complained of numbness in both arms.

          Ray has not appealed the award for her work-related cervical injury and, therefore, the relevant medical evidence will not be summarized herein.  We summarize only the medical evidence as it relates to Ray’s bilateral carpal tunnel syndrome.

          Ray initially treated with Dr. David Bealle for her bilateral upper extremity radiculopathy.  He ordered a cervical MRI, which was unremarkable.  From an orthopedic standpoint, Dr. Bealle was unable to offer an explanation for her complaints.

          Dr. Timothy McGhee, her family physician, referred Ray to Dr. Wayne Naimoli for her upper extremity complaints.  Dr. Naimoli diagnosed thoracic outlet syndrome with carpal tunnel syndrome.  She was treated with injections and use of proflex splints.  In a questionnaire dated January 21, 2014, Dr. Naimoli circled “yes” to a question of whether Ray’s bilateral carpal tunnel syndrome is work-related.  He provided no further explanation of this statement.  Upon return to Dr. McGhee, he referred her to Dr. Mahindra Sanapati, a pain specialist.  He requested a functional capacity evaluation (“FCE”).  The January 6, 2014 report indicated Ray could return to her previous position without restrictions.

          Martinrea introduced the independent medical evaluation report of Dr. William Ante.  He conducted a physical examination and medical records review.  He disagreed with the diagnosis of thoracic outlet syndrome, finding no supportive objective findings.  Dr. Steven Graham performed a neurological evaluation, including a review of Dr. Ante’s report.  Dr. Graham also found no objective evidence consistent with any specific central or peripheral nervous system abnormality.  Specifically, he noted Dr. Bealle had not detected evidence of thoracic outlet syndrome with carpal tunnel. 

          In concluding Ray’s work accident did not cause carpal tunnel syndrome, the ALJ explained:

     The record is consistent that if Ray has symptoms in her arms and wrists, there is nothing objective to substantiate a diagnosis of work-related carpal tunnel syndrome.  Even though Dr. Naimoli made a note that her condition was work-related, not only did he not support his opinion, he returned her to work without restrictions.  Based on the FCE, Dr. Bealle along with Dr. Ante found no carpal tunnel syndrome related to the May 20, 2011 incident and no objective evidence.  Dr. Sanapati found her able to return to her pre-injury job without restrictions and Dr. Graham found no objective evidence consistent with any specific central or peripheral nervous system abnormality. 

 

          Ray did not petition for reconsideration.  On appeal, she argues the evidence compelled a finding her carpal tunnel syndrome was caused by the work accident.  She emphasizes her job duties, which included lifting and manipulating heavy objects.  Furthermore, she testified she experienced no symptoms in her arms prior to the work accident, and that the symptoms progressively worsened thereafter.

          As the claimant in a workers’ compensation proceeding, Ray had the burden of proving each of the essential elements of her cause of action.  Snawder v. Stice, 576 S.W.2d 276 (Ky. App. 1979).  Because Ray was unsuccessful in that burden, the question on appeal is whether the evidence compels a different result.  Wolf Creek Collieries v. Crum, 673 S.W.2d 735 (Ky. App. 1984). “Compelling evidence” is defined as evidence that is so overwhelming, no reasonable person could reach the same conclusion as the ALJ.  REO Mechanical v. Barnes, 691 S.W.2d 224 (Ky. App. 1985).  The function of the Board in reviewing the ALJ’s decision is limited to a determination of whether the findings made by the ALJ are so unreasonable under the evidence they must be reversed as a matter of law.  Ira A. Watson Department Store v. Hamilton, 34 S.W.3d 48 (Ky. 2000).

          The ALJ sufficiently articulated her reasoning in concluding Ray’s carpal tunnel syndrome is not work-related, and the decision is supported by substantial evidence.  While Dr. Naimoli indicated in a questionnaire the carpal tunnel syndrome is work-related, he provided no explanation for this conclusion.  The ALJ, in her role as fact-finder, was free to reject this evidence.  Magic Coal Co. v. Fox, 19 S.W.3d 88 (Ky. 2000).  Furthermore, Drs. Bealle, Ante and Graham found no objective findings to diagnosis carpal tunnel syndrome.  This proof constitutes the requisite substantial evidence to support the ALJ’s decision.  Special Fund v. Francis, 708 S.W.2d 641 (Ky. 1986).  While Ray has identified proof that may support a finding of work-relatedness, such result is not compelled by the totality of the evidence.  McCloud v. Beth-Elkhorn Corp., 514 S.W.2d 46 (Ky. 1974). 

          For the foregoing reasons, the June 20, 2014 Opinion, Award and Order of Hon. Jane Rice Williams, Administrative Law Judge is hereby AFFIRMED. 

          ALL CONCUR.

 

COUNSEL FOR PETITIONER:

HON JAMES CHIP ADAMS

PO BOX 655

HOPKINSVILLE, KY 42241

 

COUNSEL FOR RESPONDENT:

HON R CHRISTION HUTSON

POB 995

PADUCAH, KY 42002

 

ADMINISTRATIVE LAW JUDGE:

HON. JANE RICE WILLIAMS

PREVENTION PARK                                          

657 CHAMBERLIN AVE

FRANKFORT, KY 40601