Worker need not prove injuries resulted from rapod repetitive motion to recover benefits for carpal tunnel syndrome

Law Reporter, Dec 1998

Worker need not prove injuries resulted from rapid repetitive motion to recover benefits for carpal tunnel syndrome.

Kildow v. Baldwin Piano & Organ, 969 S.W.2d 190 (Ark. 1998).

The Supreme Court of Arkansas held a worker diagnosed with carpal tunnel syndrome (CTS) was not required to prove her injuries resulted from rapid repetitive motion to recover workers' compensation benefits.

Here, Kildow was diagnosed with CTS after working for more than a year on a piano factory assembly line. An administrative law judge denied workers' comp benefits, ruling Kildow's CTS was not compensable because she had failed to prove her injury resulted from rapid repetitive motion. The workers' comp commission affirmed.

Reversing, the state high court noted ARK. CODE ANN. (sec)11-9-102(5) defines CTS as a compensable injury falling within the definition of rapid repetitive motion. To hold CTS is merely a type of rapid and repetitive motion still requiring proof of that element would ignore this definition.

The court noted the workers' comp statute provides safeguards against feigned claims. In addition to requiring that injuries be work-related and substantiated by objective medical evidence, the statute places the burden of proof on claimants with repetitive injury claims to demonstrate the alleged injury is the major cause of the disability or need for treatment. Accordingly, the court remanded.

Plaintiff's Counsel:

*Timothy J. Myers, Fayetteville, Ark.

[Documents in this case are available through the Court Documents section at p. 403, courtesy of Mr. Myers.]