Gilchrist v. Trail King Industries, Inc.

• Decision Date: 24 May 2000
• Docket Number: No. 21156.,21156.
• Citation: 612 N.W.2d 1,2000 SD 68
• Parties: John GILCHRIST, Claimant and Appellee, v. TRAIL KING INDUSTRIES, INC., Employer, Self-Insurer and Appellant.
• Court: South Dakota Supreme Court

612 N.W.2d 1

2000 SD 68

John GILCHRIST, Claimant and Appellee, v. TRAIL KING INDUSTRIES, INC., Employer, Self-Insurer and Appellant.

No. 21156.

Supreme Court of South Dakota.

Considered on Briefs March 22, 2000.

Decided May 24, 2000.

J.M. Grossenburg Winner, and Rick Johnson of Johnson, Eklund, Nicholson, Peterson & Fox Gregory, for claimant and appellee.

Susan Brunick Simons of Davenport, Evans Hurwitz & Smith, Sioux Falls, for employer, self-insurer and appellant.

GILBERTSON, Justice.

[¶ 1.] Employer Trail King Industries, Inc., (Trail King) appeals the circuit court's ruling that Claimant John Gilchrist (Gilchrist) is entitled to worker's compensation benefits for his right carpal tunnel condition and the ruling that his psychological disability resulted from his work-related physical injuries. We affirm.

FACTS AND PROCEDURE

[¶ 2.] The facts of this case are set out in detail in Gilchrist v. Trail King Industries, Inc. and Rehabilitation Strategies, Inc., (Gilchrist I) 2000 SD 67, 612 N.W.2d 10.¹ However, we will briefly highlight those facts essential to resolution of this case. Gilchrist brought this claim after he suffered an injury while working in the scope of his employment at Trail King. He was climbing off a manlift when he slipped and a ring on his right hand caught on a safety bracket, leaving him hanging from the manlift before falling to the floor. He suffered immediate injuries to a finger, his neck, back, and right rotator cuff (shoulder). Gilchrist developed carpal tunnel syndrome in his right hand and subsequently suffered from depression.

[¶ 3.] On November 15, 1995, Gilchrist filed a worker's compensation claim for his injuries with the Department of Labor (Department). The Department issued a decision in December 1997, ruling that Gilchrist was entitled to the rotator cuff and carpal tunnel surgery on his right hand, but that his claimed total disability from severe depression was not caused by the work injury. In February 1998, Gilchrist appealed to the Sixth Judicial Circuit. The circuit court reversed the Department's ruling on Gilchrist's psychological disability claim and found it to be work-related and compensable. However, the circuit court remanded the case back to the Department for a determination of whether Gilchrist unreasonably refused or neglected to have surgery for his right rotator cuff damage, because the Department failed to rule on the issue. Upon remand, in its February 18, 1999 amended decision, the Department ruled Gilchrist did not unreasonably refuse or neglect to avail himself of medical or surgical treatment. After a second appeal, the circuit court affirmed. Trail King appeals, raising the following issues for our review:

1. Whether the Department's ruling that Gilchrist's right carpal tunnel condition was causally related to his September 1, 1994 injury was clearly erroneous.

2. Whether the circuit court's ruling that Gilchrist's psychological condition was causally related to his employment was clearly erroneous.

3. Whether Gilchrist unreasonably refused or neglected to avail himself of medical care.

STANDARD OF REVIEW

[¶ 4.] Our standard of review pursuant to SDCL 1-26-36 requires us to give great weight to the Department on factual questions. Sopko v. C & R Transfer Co., Inc., 1998 SD 8, ¶ 6, 575 N.W.2d 225, 228 (citing Helms v. Lynn's, Inc., 1996 SD 8, ¶¶ 9-10, 542 N.W.2d 764, 766; Finck v. Northwest Sch. Dist. No. 52-3, 417 N.W.2d 875, 878 (S.D.1988)). This Court reviews agency findings in the same manner as the circuit court in deciding whether they were clearly erroneous in light of all the evidence. Id. (citing Matter of Northwestern Bell Tel. Co., 382 N.W.2d 413, 415 (S.D.1986)). Only if after a review of the entire record we are definitely and firmly convinced a mistake has been committed will we reverse. Id. (citing Spitzack v. Berg Corp., 532 N.W.2d 72, 75 (S.D.1995) (citing Day v. John Morrell & Co., 490 N.W.2d 720, 723 (S.D.1992))). When the issue is a question of law, the actions of the agency are fully reviewable. Kester v. Colonial Manor of Custer, 1997 SD 127, ¶ 15, 571 N.W.2d 376, 379 (citing Loewen v. Hyman Freightways, Inc., 1997 SD 2, ¶ 6, 557 N.W.2d 764, 766 (citing Caldwell v. John Morrell & Co., 489 N.W.2d 353, 357 (S.D.1992); Egemo v. Flores, 470 N.W.2d 817, 820 (S.D.1991))). "We review the findings based on deposition testimony and documentary evidence under a de novo standard of review." Id. ¶ 15, 571 N.W.2d at 380 (citing Hanten v. Palace Builders, Inc., 1997 SD 3, ¶ 8, 558 N.W.2d 76-78).

ANALYSIS AND DECISION

[¶ 5.] 1. Whether the Department's ruling that Gilchrist's right carpal tunnel condition was causally related to his September 1, 1994 injury was clearly erroneous.

[¶ 6.] Trail King argues the Department was clearly erroneous in ruling Gilchrist's carpal tunnel syndrome in his right hand and arm was work-related. We disagree.

[¶ 7.] In order to collect worker's compensation benefits, Gilchrist must establish a causal relationship between his injury and his employment. Kester, 1997 SD 127, ¶ 17,571 N.W.2d at 380 (citing Caldwell, 489 N.W.2d at 357). "This causation requirement does not mean that the employee must prove that [his] employment was the proximate, direct, or sole cause of [his] injury; rather the employee must show that [his] employment was a `contributing factor' to [his] injury." Id. (citing Caldwell, 489 N.W.2d at 358) (emphasis in original). We find the medical evidence supports the Department's conclusion that Gilchrist's right carpal tunnel condition was work-related.

[¶ 8.] Dr. Cho was Gilchrist's treating doctor in December 1994, January 1995 and May 1996, when she gave an opinion that his right carpal tunnel condition was not work-related. However, these opinions were made without the benefit of the medical records of Dr. Adams and Dr. Christensen. On September 16, 1994, Dr. Adams stated in his medical records, "[n]oted the onset of neck pain, simultaneous complaints discomforts about [Gilchrist's] hands, and in a delayed manner, numbness, numbness being noted predominantly about the ulnar borders of both sides ... describes no prior history of injury or traumatic event." On December 20, 1994, Dr. McKenzie, for Dr. Adams, noted:

[Gilchrist] does apparently have either a partial vs. full rotator cuff tear here. He has been having more problems with numbness to both hands. An EMG study done on 12-16-94 shows a severely advanced left carpal tunnel and a moderately advanced right ... fit him with cock-up wrist splints at nitetime[sic].... (emphasis added).

Dr. Christensen, who first treated Gilchrist, noted in a medical record dated September 8, 1994, seven days after the injury, "[t]he patient also complained of paresthesia² of both arms." Dr. Christensen also noted consistently in medical records on September 19 and 27 that Gilchrist was experiencing paresthesia of both hands and upper extremities.

[¶ 9.] In her affidavit dated January 14, 1997, Dr. Cho repudiated her earlier opinions that Gilchrist's carpal tunnel condition was not work-related, stating she had not been furnished records from either Dr. Christensen or Dr. Adams when she made her earlier diagnosis. She stated: "Kathy Burns, rehabilitation nurse, had not kept me fully advised of John Gilchrist's ongoing treatment by other physicians at the time work releases were requested of me and at the time that opinions were requested of me concerning Mr. Gilchrist's wrist problems." Dr. Cho also indicated in her affidavit that prior to his September 1, 1994 injury, Gilchrist had received a clean bill of health.

[¶ 10.] Dr. Cho also testified in her June 24, 1997 deposition that Gilchrist's carpal tunnel condition was work-related:

The right side I think related, whatever portion, from the work injury ... [Gilchrist] probably has preexisting carpal tunnel on both hands. However, [Gilchrist] has been asymptomatic. Right hand was injured. Yes, swelling can be involved from the injuries. When swelling happened at the wrist, it can compress the nerve further, become symptomatic. That's why I'm saying the right side seems to be related to work injury.

Thus, Dr. Cho's opinion, based upon reasonable medical probability, was that "[Gilchrist's] right carpal tunnel condition was `caused and/or triggered and aggravated by his September 1, 1994 accidental injury at work.'"

[¶ 11.] There is substantial evidence in the record to support Dr. Cho's final opinion. First, the record contains the notes from the medical records of Drs. Christensen and Adams mentioned above. Further, on January 28, 1997, Dr. Adams concurred in his affidavit with Dr. Cho that Gilchrist's carpal tunnel condition was "caused and/or triggered and aggravated by his September 1, 1994 accidental injury at work."

[¶ 12.] Finally, even Trail King's independent medical examiner gave the same opinion. After Gilchrist was injured, Trail King, a self-insured employer, began paying worker's compensation benefits to him, including medical expenses. After Gilchrist participated in physical therapy for eight weeks, Trail King hired RSI to oversee his rehabilitation program. Kathy Burns, an employee of RSI, was assigned to Gilchrist's case, although Dr. Cho continued to be Gilchrist's primary treating physiatrist. Burns asked Dr. David Hoversten, a Sioux Falls orthopedic surgeon, to examine Gilchrist and give a second opinion as to his carpal tunnel syndrome. After examining Gilchrist, Dr. Hoversten testified at his deposition on May 8, 1997 that Gilchrist's carpal tunnel condition was in some way related to his September 1994 injury:

Well, it would make me think that probably it was there beforehand, but not too bad, and that the injury made it seem a lot worse ... On both [sides] ... But certainly the right side would be aggravated more had he had a traction injury to the arm where it irritates the nerves in the neck, and then will have an affect on the hand, because they

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