Tuesday, November 13, 2018

Unanimous commission affirms denial of carpal tunnel benefits on diabetes defense

Ricky Volner v Meramec Group
09-040794
2018 MO WCLR LEXIS  ___
Nov. 13, 2018


Claimant alleges bilateral hand injuries arising from his work in Sullivan, MO as a mold tech worker for 30 years.  He was diagnosed with diabetes before he began to report hand symptoms.

The ALJ found Dr. Schlafly, claimant's expert,  did not fully consider all of claimant's job duties, he was not aware of literature pointing to hypertension or chewing tobacco as causative factors, and did not fully address claimant's medical history that claimant had poorly controlled diabetes at the same time he began to develop carpal tunnel symptoms.  Dr. Schlafly had performed the release in 2012.

The ALJ notes:

"The evidence shows the surgery in this case was unnecessary because the real cause of Claimant's symptoms were his pre-existing conditions, including diabetic neuropathy" and relied upon medical opinion that carpal tunnel release for diabetes-induced carpal tunnel was not reasonable.  

ALJ Teer
Atty:  Moreland, Banahan
Experts:  Schlafly, Crandall, Lionelli