Hayes v. First Transit
| Decision Date | 24 February 2022 |
| Docket Number | 2020-SC-0592-WC |
| Parties | DARRESHIA HAYES APPELLANT v. FIRST TRANSIT; HONORABLE JOHN H. MCCRACKEN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD APPELLEES |
| Court | United States State Supreme Court — District of Kentucky |
DARRESHIA HAYES APPELLANT
v.
FIRST TRANSIT; HONORABLE JOHN H. MCCRACKEN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD APPELLEES
No. 2020-SC-0592-WC
Supreme Court of Kentucky
February 24, 2022
NOT TO BE PUBLISHED
ON APPEAL FROM COURT OF APPEALS NO. 2020-CA-0619 WORKERS' COMPENSATION BOARD NOS. WC-16-62347 & WC-16-83591
COUNSEL FOR APPELLANT: Eric M. Lamb Lamb & Lamb, PSC
COUNSEL FOR APPELLEE: Douglas A. U'Sellis John S. Harrison U'Sellis Mayer & Associates
ADMINISTRATIVE LAW JUDGE: Hon. John H. McCracken
WORKERS' COMPENSATION BOARD: Michael Wayne Alvey, Chairman
MEMORANDUM OPINION
This case is before the Court on administrative appeal as a matter of right[1] by Darreshia Hayes (Hayes), the Appellant. Hayes filed a Workers' Compensation claim based on two alleged injuries to her right wrist. After reviewing all conflicting medical evidence, the Administrative Law Judge (ALJ) concluded Hayes sustained only temporary injuries and a surgery for ganglion cysts in Hayes' right wrist was unrelated to either injury. Both the Workers' Compensation Board and the Court of Appeals affirmed the ALJ's Opinion and Order. On appeal, Hayes alleges she should have been found to have a permanent disability and her ganglion cyst removal surgery should have been compensable.
For the following reasons, we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Hayes started working at First Transit, Inc. (First Transit), the Appellee, in March 2014. She drove a bus or van to transport passengers in and around Louisville. Hayes also assisted ambulatory and wheelchair-bound passengers entering and exiting the vans or buses. Specifically, she pushed wheelchair passengers onto a lift, secured the belts, and operated the lift.
On May 12, 2016, Hayes heard a pop in her right wrist while strapping a wheelchair-bound passenger onto the bus. After completing her shift, she went to the emergency room at Saints Mary & Elizabeth Hospital due to continued pain in her injured wrist. The ER provided her with Ibuprofen and a wrist splint.
Hayes sought additional treatment at Baptist Health Occupational Medicine (Baptist), Kleinert & Kutz, Baptistworx, and Louisville Arm and Hand. At Baptist, Hayes was diagnosed with a right wrist sprain with neuropathy. On May 23, 2016, Hayes was released to work with limited use of the right wrist. First Transit restricted Hayes to light duty after the first accident. She picked up trash, performed filing duties, and sorted paperwork in the maintenance department.
At Kleinert & Kutz, Dr. Huey Tien was Hayes' primary provider from June 22, 2016 to August 19, 2016. On June 22, 2016, Dr. Tien ordered an MRI and released Hayes to return to work without restrictions. Dr. William Snearly, also at Kleinert & Kutz, interpreted a July 20, 2016 MRI of Hayes' right wrist. Dr.
Snearly found 1) a lobulated dorsal ganglion cyst at the level of the distal scapholunate interval; 2) a lobulated volar radioscaphoid ganglion; 3) mild sprain of the dorsal radioulnar ligament; and 4) moderate sized subcortical cysts within the lateral aspect of the lunate bone. No evidence of fractures or osteonecrosis was found. Hayes was instructed to avoid pushing wheelchairs with increased force or weight and to avoid extreme wrist extension. On August 19, 2016, Hayes reported to Dr. Tien that her right wrist pain had returned. Dr. Tien believed Hayes to be at MMI and capable of returning to normal work duty. Dr. Tien noticed no physical defects.
On August 4, 2016, Dr. Daniel Wolens evaluated Hayes on behalf of First Transit. Dr. Wolens concluded Hays had no history of cumulative or acute trauma to her right wrist. He noted the cysts were the type that took a long time to develop and they were not the result of the May incident. Although Hayes suggests Dr. Wolens was not given a full medical history, he did receive a copy of records related to the May 12, 2016 accident.
On September 7, 2016, Hayes sought treatment at Bapistworx. Hayes was found to have full range of motion of the right wrist, no palpable ganglion cyst and her grasp strength was hindered by excessive nail length. Bapistworx assessed a right posterior ganglion cyst and returned Hayes to regular duty.
Hayes sought a second opinion at Louisville Arm and Hand. Dr. David Tate and Dr. Leela Farr treated Hayes on September 19, 2016. Dr. Farr noted Hayes' complaint concerning her right wrist had resolved. They noted, however, her medical history reported Hayes sustained a twisting injury to her right
wrist at work, several days prior, which was still causing pain, and advised she needed surgery. Dr. Farr's examination found decreased range of motion of the right wrist in all directions due to pain, swelling, and injury. But Hayes could make a full composite fist.
In September 2016, Hayes returned to driving the van or bus without restriction. On October 19, 2016, Hayes visited Dr. Farr for treatments. Examination of the right wrist revealed Hayes could make a full fist and extend her hand in all directions.
On October 27, 2016, Hayes again heard a pop in her right wrist while strapping in a wheelchair-bound passenger. Due to pain, Hayes returned to the ER at Saints Mary & Elizabeth Hospital. She continued to seek treatment at Louisville Arm and Hand. She was restricted from pushing or pulling passengers over a certain weight. After the October incident, Hayes worked light duty, which included fueling vehicles, for First Transit for several months. Hayes is not sure for how long or to what extent she worked after the second accident.
On November 2, 2016, Hayes sought treatment from Dr. Farr, who noted Hayes had multiple ganglion cysts on her right wrist. Dr. Farr believed Hayes' job might be aggravating the cysts and causing pain. He did not, however, know the origin of the cysts. Surgery options were discussed. On November 8, 2016, Hayes went to Family Health Care Center - Portland. There she was diagnosed with an unspecified right wrist sprain. On November 9, 2016, Hayes returned to work with restrictions.
On January 11, 2017, Dr. Warren Bilkey conducted an independent medical examination. He received a history of the May 12, 2016 work event. He reviewed additional records and completed a physical examination. Hayes complained to Dr. Bilkey of constant pain in her right wrist. Although Dr. Bilkey claimed that Dr. Tien believed the ganglion cyst to be work related, the ALJ could not find a single statement by Dr. Tien expressing said belief. Dr. Bilkey diagnosed a May 12, 2016 work injury with aggravation occurring on October 27, 2016. According to Dr. Bilkey, Hayes had not reached MMI. He believed Hayes had developed chronic wrist pain, assessing a 4% total impairment, 1% for decreased range of motion and 3% for pain. Dr. Bilkey recommended work restrictions and continued use of a brace on her right wrist.
On January 27, 2017, Hayes treated with Dr. Tate at Norton's. Hayes complained of continued right wrist pain but could make a full fist with the right hand. Dr. Tate assessed right wrist pain with a ganglion cyst of the dorsum on the right wrist, but noted the ganglion cysts were not painful.
On March 6, 2017, Dr. Tate performed surgery to remove two ganglion cysts from the right wrist. The workers' compensation insurer denied liability for the surgery due to medical testimony that the ganglion cysts were unrelated to the work injury. Hayes did not appeal this decision. The surgery, according to Hayes, did not relieve her right wrist pain.
After the surgery, Hayes was restricted from work at First Transit for approximately three months. In June 2017, she was released to return to work
with restrictions. First Transit was unable to provide Hayes a job within her restrictions. Ultimately, Hayes...
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