Genise Richards v Becton-Dickinson
Ace American Ins.
Release Date: Jan 15, 2020
Venue: St. Louis County
Plot Summary: Commission affirms in 2-1 decision award of temporary benefits for carpal tunnel syndrome based on testimony that claimant's job as inventory administrator involved repeated grasping, pinching and keyboard work.
https://labor.mo.gov/sites/labor/files/decisions_wc/RichardsGenise15-05419501-15-20.pdf
Cast:
Denigan, ALJ
Gault, atty
Schlafly
Rotman
Comments:
Employer expert appeared to relate claimant's condition to her work and then reviewed a job description and concluded her weight, age, and gender were more likely the cause. ALJ Denigan notes: "Dr. Rotman, for reasons that are not clear in the record, elaborates on the likelihood of Claimant's job tasks causing work related carpal tunnel syndrome (CTS) and suggests he would gladly review any additional information on the job exposure." Claimant testified the job involving gripping or pinching, contrary to information provided by the employer.
A dissent argued claimant's expert relied on factually incorrect information about the frequency or intensity of claimant's activities and notes conflicting testimony: "Jeanette Tucker, employee's direct supervisor at the time of her alleged injury, testified that employer received about forty tubes per week, not 700 per day" and that claimant had identifiable risk factors of " female gender, post-menopausal age, and obesity."
