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Tag Archives: Causation

Workers’ Compensation – Repetitive Trauma Injury – Medical Evidence – Causation – Notice (access required)

Thigpen v. Lexington Medical Center 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.

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Workers’ Compensation – Causation – Respiratory Problems – Conflicting Evidence (access required)

Brunson v. American Koyo Bearings Even though the claimant presented medical and lay testimony in support of her claim, there was medical evidence to the contrary, the single commissioner found that the claimant was not credible, and the single commissioner discounted testimony from other lay witnesses because they were the claimant’s friends outside work. Since the evidence is conflicting over a factual issue, the findings of the Appellate Panel of the Workers’ Compensation Commission are conclusive. We affirm the circuit court’s decision to uphold the Appellate Panel’s denial of benefits.

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Workers’ Compensation – Statute of Limitations – Sarcoidosis – Causation (access required)

Holmes v. National Services Industries Even though none of her doctors linked petitioner’s sarcoidosis to her job with the respondent-employer until 2005, given petitioner’s working conditions and symptoms, she should have realized she had a compensable condition more than two years before she filed her 2005 workers’ compensation claim. We affirm the Court of Appeals’ decision, which upheld the dismissal of petitioner’s claim as untimely.

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