Workers’ Compensation – Repetitive Trauma Injury – Medical Evidence – Causation – Notice

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Thigpen v. Lexington Medical Center (Lawyers Weekly No. 011-042-12, 3 pp.) (Per Curiam) Appealed from the Appellate Panel of the Workers’ Compensation Commission. S.C. App. Unpub. Full-text opinion.

Holding: Plaintiff’s family physician – who said he was not an expert on carpal tunnel syndrome – testified that the claimant’s job duties could “potentially exacerbate” her carpal tunnel syndrome. The orthopedic surgeon who performed the claimant’s carpal tunnel surgery testified that he could not say what caused the claimant’s carpal tunnel syndrome or how long it had been present. He said he was “not certain as to the causation of her carpal tunnel syndrome, but her job activities, if she does a lot of repetitive flexion, extension activities most probably can aggravate any preexisting problems.” This evidence was insufficient to demonstrate the existence of a direct causal connection between the repetitive activities of the claimant’s job and her carpal tunnel syndrome.

We affirm the Workers’ Compensation Commission’s denial of benefits.

Even though the claimant waited two months after her symptoms arose before seeking medical attention, her duty to give notice to the defendant-employer did not begin to run until she saw her doctor on June 27, 2008. Since the claimant provided notice on July 31, 2008, we agree with the Commission that the claimant gave timely notice.