Opinion
Record No. 2289-92-2
July 27, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
(Frederick M. Bruner; Law Offices of E. Wayne Powell, on brief), for appellants.
(John J. Trexler; Beddow, Marley, Burgess Murphey, on brief), for appellee.
Present: Judges Barrow, Koontz and Bray.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.
Wells Construction and its insurer contend that the commission erred in finding that Donald Lee Lawson's bilateral carpal tunnel syndrome was caused by his employment, and as such, constitutes a compensable disease.
Lawson began working for Wells Construction as a carpenter in 1988. Wells Construction is in the business of building houses. In his job, Lawson spent approximately sixty percent of his time hammering and nailing, twenty percent of his time using an electric saw, and twenty percent of his time carrying lumber. When laying flooring and particle board, Lawson would normally be required to drive seventy to eighty nails into each four foot by eight foot sheet. Lawson testified that although he hammered with both hands, he primarily used his right hand. At times, he hammered with his left hand to give his right hand a rest. He used the hand he was not hammering with to grab nails and to hold them in place.
In the fall of 1990, Lawson began experiencing symptoms of carpal tunnel syndrome. He felt pain and numbness in his wrists which began to keep him up at night. In October 1991, Lawson was diagnosed as having bilateral carpal tunnel syndrome by orthopedic and hand surgeon Dr. Ronald Haney. Dr. Haney performed a carpal tunnel release on Lawson's right wrist on October 4, 1991. A carpal tunnel release was performed on Lawson's left wrist at the end of October 1991.
With regard to his activities outside of work, Lawson testified that he hunted on Saturdays and holidays. He stated that on some days he did not shoot his gun. Lawson also acknowledged that he had been treated in the past for gout.
The commission found that Lawson suffered from an ordinary disease of life. This finding is not challenged on appeal. Code § 65.2-401 provides that
[a]n ordinary disease of life to which the general public is exposed outside of the employment may be treated as an occupational disease for purposes of this title if it is established by clear and convincing evidence, to a reasonable medical certainty, that it arose out of and in the course of employment as provided in § 65.2-400 with respect to occupational diseases and did not result from causes outside of the employment.
To establish that an ordinary disease of life is employment-related, a claimant such as Lawson must prove, by clear and convincing evidence, that the disease "is characteristic of the employment and was caused by conditions peculiar to such employment." Code § 65.2-401. This standard does not require complete absence of other possible contributing causes. Rather, the work activity must be determined by a reasonable degree of medical certainty, to be the "primary source" of the ordinary disease of life.Ross Laboratories v. Barbour, 13 Va. App. 373, 377, 412 S.E.2d 205, 208 (1991).
"Whether a disease is causally related to the employment and not causally related to other factors is . . . a finding of fact." Island Creek Coal Co. v. Breeding, 6 Va. App. 1, 12, 365 S.E.2d 782, 788 (1988) (citation omitted). On appeal, the findings of fact of the commission if supported by credible evidence are binding and conclusive upon us. James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).
In his deposition, Dr. Haney unequivocally testified, to a reasonable degree of medical certainty, that Lawson's bilateral carpal tunnel syndrome was characteristic of his employment and caused by conditions peculiar to it. Dr. Haney testified that he considered conditions outside of Lawson's employment and found them not to be causes of Lawson's carpal tunnel syndrome. Dr. Haney admitted that one who suffers from gout is predisposed to developing carpal tunnel syndrome. However, the tests he performed revealed no evidence that Lawson was suffering from gouty arthritis in any parts of his body. Moreover, when Dr. Haney performed surgery on Lawson's wrists, he did not find any evidence of arthritis. Dr. Haney also did not find that Lawson's high blood pressure was the cause of his carpal tunnel syndrome. Dr. Haney was aware that Lawson hunted and fished, but did not find these activities to be possible causes of Lawson's condition. Dr. Haney clearly testified that the cumulative, repetitive trauma caused by Lawson's work activities as a carpenter with Wells Construction resulted in the carpal tunnel syndrome affecting both of his wrists. He acknowledged that Lawson's use of a hammer in his left hand would be consistent with Lawson's development of carpal tunnel syndrome in his left, as well as, his right wrist.
Dr. Haney's undisputed statements provide substantial credible evidence to support the commission's finding that Lawson established by clear and convincing evidence that his bilateral carpal tunnel syndrome was caused by his employment. Accordingly, we affirm that finding.
Affirmed.