This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- While preparing a tortilla-making machine at Smith’s Food and Drug, the Worker's right ring finger was caught and crushed between rollers, resulting in the loss of her fingernail, decreased range of motion, and stiffness in the affected joints (para 2).
Procedural History
- Appeal from the Workers’ Compensation Administration, David L. Skinner, Workers’ Compensation Judge, August 19, 2013: The Workers' Compensation Judge concluded that the Worker's loss of use to the third and fourth fingers on the right hand was compensable for ten and seven weeks, respectively.
Parties' Submissions
- Worker-Appellant: Argued that she suffered a compensable injury to her right hand, not just her fingers, and was entitled to scheduled injury benefits for the loss of use of her right hand (para 3).
- Employer/Insurer-Appellees: Contended that the Worker did not suffer an injury to her right hand separate from the injuries to her fingers and that the medical testimony supported this conclusion (para 5).
Legal Issues
- Whether the Worker suffered a compensable injury to her right hand, entitling her to scheduled injury benefits for the loss of use of her right hand (para 3).
- Whether the Workers' Compensation Judge erred in admitting certain evidence, including the Worker's deposition testimony and a private investigator’s report and surveillance video (paras 6-8).
- Whether there was an inconsistency in the Workers' Compensation Judge’s order regarding the nature of the Worker's injuries and the benefits period awarded (para 9).
Disposition
- The Court of Appeals affirmed the Workers' Compensation Judge's decision that the Worker did not suffer a compensable injury to her right hand but reversed and remanded for correction of an inconsistency in the compensation order regarding the nature of the Worker's injuries and the benefits period awarded (para 11).
Reasons
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J. MILES HANISEE, Judge; LINDA M. VANZI, Judge; TIMOTHY L. GARCIA, Judge (concurring): The panel concluded that substantial evidence supported the Workers' Compensation Judge's finding that the Worker did not suffer a compensable injury to her right hand. The evidence showed that the injury was limited to the Worker's fingers. The Court also found that any potential errors in admitting the Worker's deposition testimony and the investigator's report and video did not affect the Worker's substantial rights. However, the Court identified an inconsistency in the Workers' Compensation Judge’s order regarding the nature of the injuries and the benefits period awarded, necessitating a remand for correction (paras 3-11).
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