What Do You Think: Did Tire Company Worker Know about Carpal Tunnel Before Diagnosis?

Little Rock, AR (WorkersCompensation.com) – They say timing is everything, and that tends to be true when it comes to getting claims filed after learning of an injury.

Recently, an Arkansas court faced the question of just exactly when a worker knew he had a work-related carpal tunnel injury and thus start the clock on the statute of limitations.

A worker for a tire company was required to perform strenuous work involving his upper body, which entailed hand-intensive repetitive movement. The worker had previous medical issues with his neck and shoulder related to a compensable work-related neck injury, which caused tingling and numbness in his hands.

The worker was also diagnosed with degenerative disk disease and had undergone treatment for his condition for several years.

While at work for the company, the worker experienced a wrist injury and was sent to the work-related-injury clinic. An x-ray showed no injury to the wrist, and the worker was told to rest for a couple of days. Nonetheless, following the injury, the worker went to see a doctor for arm pain and numbness in his hand and severe neck pain. This doctor diagnosed the worker with carpal tunnel syndrome.

The worker eventually had surgery on both hands, and he filed a claim for payment of benefits for the days he missed work for his surgeries and recovery periods. He also included a claim for medical expenses related to treatment, testing, and medical care.

An administrative law judge found that the worker learned that his symptoms were not related to his previous neck injury and degenerative disk disease until he was diagnosed with carpal tunnel syndrome.

The company appealed to the full commission, which affirmed and adopted the ALJ’s decision. From there, the company appealed to court, arguing that the worker was aware of his carpal tunnel injury earlier than the ALJ and commission decided, so as to block him from suing under the statute of limitations.

In Arkansas, a workers’ compensation claim must be filed with the state commission within two years from the date of the compensable injury, and the statute of limitations for gradual-onset injuries, such as carpal tunnel syndrome, begins to run when the injury becomes apparent to the worker.

Did the worker know before his diagnosis that he had carpal tunnel issues?

A. Yes. Due to the pain and tingling he had in his hands, the worker knew about his injury before his diagnosis.

B. No. The worker’s awareness of his carpal tunnel injury did not begin until he was finally informed that his symptoms were not related to his previous neck injury.

If you chose B, you agreed with the court in Cooper Tire & Rubber Company v. Hill, No. CV-21-230 (Ark. Ct. App. 04/06/22), which found that the worker’s claim was filed in time under the statute of limitations due to the fact that he did not know about the carpal tunnel injury until his diagnosis.

The court explained that the worker was misdiagnosed prior to the date on which he received the carpal tunnel diagnosis and believed that his symptoms were related to the previous injury.

“Under these facts, the [worker’s] diagnosis and awareness coincide,” the court explained. As a result, the court upheld the commission’s and ALJ’s rulings in the worker’s favor.

This feature does not provide legal advice.

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