MARGARET DUFEK, Applicant

UNITED GOVERNMENT SERVICES LLC, Employer

ZURICH AMERICAN INSURANCE CO, Insurer

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and order in that decision as its own.

The findings and order of the administrative law judge are affirmed.

Dated and mailed October 30, 2006
dufekma . wsd : 175 : 8  ND § 3.31

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

The applicant asserts in her petition for commission review the administrative law judge erred in determining the applicant did not suffer a work-related neck injury as a result of her work for the employer resulting in an occupational date of injury on March 1, 2004. The applicant states in her petition for commission review she feels that her neck problems were work-related because she had no neck or back problems prior to the onset of her neck symptoms while performing her duties for the employer in February 2004. The applicant states that her workstations were set up ergonomically, but she did have to rotate her neck back and forth, and also look up and down at claims and the computer.

The evidence indicates the applicant worked for the employer in data entry where she sat at a desk and typed insurance claim information into a computer. The evidence indicates the applicant's workstation was ergonomically appropriate to her body, and she did not have to hold her head in an awkward position or repetitively rotate, flex, or extend her neck. The only lifting the applicant performed was one-day per month on average when she had to lift no more than four 20-pound boxes in a day. The administrative law judge appropriately noted that other than the lifting on one-day per month her work involved only sedentary data entry.

The applicant testified to the onset of chronic upper back and neck pain insidiously in February 2004, leading to her need for treatment. There is no evidence the applicant suffered any traumatic incident at work leading to her symptoms and complaints. Dr. Donley, the applicant's treating physician, noted the applicant had a central disc herniation at the C6-7 level with poor compression. Dr. Donley stated the applicant does have an ergonomically adjusted workstation but she has not had neck discomfort until the current time, and that this is work-related. Dr. Donley did not explain how the applicant's work in data entry caused the herniated disc in her neck.

Dr. Monacci, who examined the applicant on behalf of the employer, stated in his report dated April 13, 2004, the applicant's main responsibilities included processing insurance claims and working at her computer for several hours a day in an office environment while performing data entry. Dr. Monacci opined the applicant has evidence of cervical myelopathy by history with a gradual onset. Dr. Monacci noted that this is a typical history in that frequently there is no inciting event, and although there may be an attempt to ascribe the development of symptoms to particular activities, in reality there was no causal relationship to the applicant's work exposure. Dr. Monacci stated the applicant's occupation as a data entry technician involved her sitting upright for hours at a time using a computer, which did not constitute sufficient force to cause a herniated disc in her cervical spine. Dr. Monacci opined the applicant's work as a data entry technician did not involve sufficient frequency or magnitude necessary to cause the applicant's herniated disc.

The administrative law judge credited Dr. Monacci's assessment. Based upon an independent review of the evidence in the record, the commission has found nothing to warrant overturning the administrative law judge's credibility determination. The administrative law judge appropriately noted that sitting at a computer desk even for an extended period of time is an extremely low impact activity. Based on the low impact nature of the applicant's work activities for the employer in data entry, and the fact that she worked at an ergonomically appropriate workstation, and she did not have to hold her head in an awkward position, and based on Dr. Monacci's report, the evidence was sufficient to raise a legitimate doubt the applicant's cervical myelopathy and need for fusion surgery were caused by her work for the employer. Therefore, the administrative law judge appropriately dismissed the applicant's claim with prejudice.

cc:
Attorney Joseph Martel
Attorney Patrick J. Mitchell

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