Delfa Almeida-Prado v. Atlas Staffing, Inc., No. WC24-6547 (WCCA, July 15, 2024)
The employee began working for the employer on March 15, 2022. On June 14, 2022, the employee reported to her employer that on June 13, 2022, the day before, she was using a drill that snapped back and she injured her right wrist. Following this injury, the employee continued to work but did not immediately seek medical treatment.
The employee first sough medical care on June 22, 2022, and reported to the provider that the day before, which would have been June 21, 2022, she was using a drill at work which caused her right-hand injury. A report of workability was completed and provided to the employer. This workability report noted an injury to employee’s right wrist occurred on June 20, 2022, not June 13 or 21. The employer did question the employee regarding the multiple dates of injury and the employee did not mention a new injury of June 20, 2022 but stated that the injury of June 13, 2022, continued to be cause of her pain. Following this initial visit, the employee continued to seek medical care and then had a rehabilitation consultation that occurred in August of 2022. During this consultation the employee reported having sustained a right wrist injury on June 13, 2022.
Eventually, in December of 2022, Dr. Cederberg performed an IME. It appears that employee reported to Dr. Cederberg that she sustained an injury on June 21, 2022. Dr. Cederberg opined that the employee’s June 21, 2022 injury was a temporary contusion, which fully resolved with no PPD and no work restrictions. The employee obtained a narrative report from Dr. Wengler. The employee reported to Dr. Wengler that on June 21, 2022, she injured her right wrist. Dr. Wengler opined that an injury did occur on June 21, 2022 and assigned the employee with different PPD ratings and assigned the employee with work restrictions.
Eventually, a claim petition was filed only alleging an injury that occurred on June 21, 2022 not June 13, 2022. At hearing the employee testified that on June 21, 2022, she was using a drill which caused her right arm to twist and the drill to drop. At hearing the compensation judge also heard the testimony of employer representative and found that the employee did not sustain an injury arising out of and in the course of employment on June 21, 2022. The employee appealed the decision. On appeal, the employee asserted that the compensation judge committed errors of law by not expanding the hearing to include a claim of an acute injury on June 13, 2022, or a consequential or Gillette injury.
The WCCA noted that the compensation judge found that an injury did occur on June 13, 2022, which was reported to the employer on June 14, 2022 and based on the witness testimony, the compensation judge concluded that the description of the June 13, 2022 was identical to the June 21, 2022 injury. As such, based upon the evidence, the compensation judge concluded that the employee failed to prove she was injured on June 21, 2022. WCCA emphasized that the only issue raised by the employee at hearing was primary liability for the June 21, 2022 injury. Further, they noted that the record revealed that the compensation judge asked the parties at the hearing whether the June 13, 2022, incident was at issue for determination. No reply was made by the employee’s counsel and the employer’s counsel stated that it was not.
The employee’s counsel also attempted to argue that the finding that the employer’s witness’s testimony was credible was clearly erroneous. Also, the employee’s counsel attempted to argue that the compensation judge erred by failing to sufficiently explain her findings. The WCCA was not persuaded and affirmed the compensation judge’s finding that no work injury occurred on June 21, 2022.