RICKEY SORENSON, Applicant

FLAMBEAU PLASTIC COMPANY, Employer

CONNECTICUT INDEMNITY COMPANY, Insurer

The applicant submitted a petition for commission review alleging error in the administrative law judge's Findings and Order dated October 31, 2001. At issue is the nature and extent of the disability from the applicant's work injury of August 17, 1999, and liability for medical expense.

The commission has carefully reviewed the entire record in this matter and hereby affirms in part and modifies in part the findings and interlocutory order of the administrative law judge. The commission makes the following:

Delete the first sentence of the second full paragraph on page 3 of the administrative law judge's Findings of Fact and substitute therefor:

Based on the medical evidence submitted in this case the applicant suffered a 100 percent loss of his index finger by amputation at the metacarpal bone, and 42 percent compared to amputation of the middle finger at the proximal joint.

Delete the administrative law judge's Order and substitute therefor all except the first sentence of the commission's Order set forth below.

NOW, THEREFORE, this

The Findings and Order of the administrative law judge are affirmed in part and modified in part in accordance with the above findings. Within 30 days from this date, the employer and insurance carrier shall pay the applicant, Rickey Sorenson, the sum of $5257.42; to the applicant's attorney, Christopher Duren, the sum of $1389.36 as attorney's fees and the sum of $300 as reimbursement for costs.

The following medical expenses shall be paid: to UW Health, the sum of $5901.68 and to Froedtert Hospital the sum of $250.

Dated and mailed March 13, 2002
sorenri . wrr : 175 : 3   ND § 5.18

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner

The evidence indicates that the applicant suffered multiple injuries to his right hand on August 17, 1999. The evidence also indicates that the applicant's right hand is his dominant hand. Under Wis. Stat. § 102.53 (2) dealing with multiple disabilities on the same hand, the amount of the disability to the second finger injured on the same hand is to be increased by 100 percent. In addition, under Wis. Stat. § 102.54 which pertains to injuries to the dominant hand, if an injury to an employee's dominant hand causes a disability specified under Wis. Stat. § 102.52 (1) to (9), or amputation of more than two-thirds of the distal joint of a finger, the period for which indemnity is payable for that disability or amputation is to be increased by 25 percent. In Schaalma v. B. R. Metal Tech, Inc., Commission Decision dated April 5, 2001, the commission noted that the provision for a 25 percent multiplier for injuries for the dominant hand only applies to injuries that result in an amputation beyond two-thirds of a distal phalanx, or 100 percent loss of use of any joint on the hand or arm, and not to injuries which result in lesser amounts of disability.

Applying Wis. Stat. § 102.54 to the current case, the applicant is entitled to a 25 percent increase in permanent disability for the 100 percent loss of his right index finger on his dominant hand, but he is not entitled to a 25 percent increase in benefits for his loss to the right middle finger, since the loss is only 42 percent, and he did not suffer an amputation beyond two-thirds of the distal phalanx. Also, the loss of the middle finger is measured at the proximal joint, not the metacarpal, as the applicant contends.

The commission found two errors in the department's calculations in this matter. Under Wis. Stat. § 102.52 (9) the statute provides that the applicant is entitled to 50 weeks for loss of an index finger at the proximal joint, and he is entitled to 60 weeks for the loss of the index finger at the metacarpal bone. The department allocated the applicant only 50 weeks of disability even though the medical evidence clearly indicates that he had an amputation at the metacarpal bone. Therefore the applicant is entitled to an additional ten weeks for his loss due to his amputation of the right index finger.

In addition, the administrative law judge credited Dr. Dzwierzynski's assessment of 42 percent permanent disability at the right middle finger. However, the administrative law judge only awarded the applicant 40 percent permanent disability in his order, rather than the 42 percent found by Dr. Dzwierzynski. The commission credits Dr. Dzwierzynski's assessment of permanent disability and awards the applicant 42 percent permanent disability at the middle finger. In summary, the applicant is entitled to 60 weeks for his loss of his index finger at the metacarpal bone which is increased by 25 percent because it was on his dominant hand, for a total of 75 weeks. The applicant is also entitled to 35 weeks for the loss of his middle finger at the proximal joint, multiplied by 42 percent, for a total of 14.7 weeks, which is doubled under the provisions of Wis. Stat. § 102.53 (2), for a total of 29.4 weeks for the middle finger, and a total of 104.4 weeks for the applicant's entire right hand injury. The commission has recomputed the applicant's entitlement to benefits based on a total of 104.4 weeks at a rate of $184 per week, less the $12,762.82 previously paid, and less attorney's fees and costs, with an additional $500 added for disfigurement, leaving the applicant a total of $5257.42.

cc:
Attorney Christopher W. Duren
Attorney Sean M. Spencer

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