Serrano v. Westrim, Inc.
2011 Ark. App. 771
| Ark. Ct. App. | 2011Background
- Serrano worked in hand-intensive roles for Westrim, Inc. from 2002, later transferring to a less demanding shipping department in 2007.
- Her right-hand problems began in February 2007, diagnosed as tendonitis and then trigger-finger syndrome, which the employer's workers’ compensation program accepted.
- Dr. Tang performed trigger-release surgery in June 2007; Serrano returned to restricted, then two-hand work with modifications through August 2007.
- Serrano reported numbness, pain, and tingling by October 2007; she changed departments in November 2007 and was released to unrestrained work for a period.
- In May–July 2008 Serrano sought independent treatment; Dr. Kelly diagnosed right carpal-tunnel syndrome (CTS) and recommended CTS release surgery.
- An ALJ initially found a compensable CTS injury, but the Commission later reversed, remanding to address whether Travelers (on risk from 2008) or Arch Insurance bore liability and whether CTS was compensable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Commission properly conduct a de novo review? | Serrano | Westrim/Arch | Remand for de novo review required |
| Did Serrano prove a compensable CTS arising out of employment between August and October 2007? | Serrano | Westrim/Arch | Remand for de novo findings on causation required |
| Did the Commission address CTS injuries outside August–October 2007 or periods other than that interval? | Serrano | Westrim/Arch | Remand for comprehensive de novo review on all 2007 CTS issues required |
| Is the Commission's review consistent with the standard that de novo findings are required for employees asserting gradual-onset injuries? | Serrano | Westrim/Arch | Remand for proper de novo determinations |
Key Cases Cited
- Johnson v. Superior Indus., 2009 Ark. App. 483 (Ark. App. 2009) (substantial evidence standard; deferential review of Commission findings)
- Wal-Mart Stores, Inc. v. VanWagner, 337 Ark. 443 (Ark. 1999) (objective evidence requirements for medical causation in workers' compensation)
- Pharmerica v. Seratt, 103 Ark.App. 9 (Ark. App. 2008) (de novo review duties of the Commission in workers' compensation appeals)
- Willmon v. Allen Canning Co., 38 Ark.App. 105 (Ark. App. 1992) (de novo review limits on commissions in appeals)