Wednesday, March 25, 2009

Second Carpal Tunnel claim denied without evidence of "new" condition

Claimant Bonita1 alleged she developed carpal tunnel in two claims: in 2004 when she discussed surgery with a doctor and in 2007 when her condition gradual worsened. The ALJ addressed found the 2007 claim barred based on the statute of limitations. The Commission modified the award and found claimant failed to establish a “new” condition to support a second claim but expressly did not adopt the ALJ discussion about statute of limitations for the 2004 case.2 The ALJ discussed different standards regarding statute of limitations since the 2005 changes, and concluded the 2005 changes begins the statute even without loss of time but that pre-2005 it was not clear claimant had a "disability" in 2004 with no time loss and or surgery, despite conservative care and discussion of surgical options.
1. Bonita v US Airways Group, DOLIR 3-25-09. Oral arguments occurred 11-12-09 (WD 70840).
2. See Allcorn v Tap Enterprises, No. 29311 (Mo. App. SD 2-26-09), (excusing delayed notice of a claim)