No. 17-086815
(Mo. Lab. & Indust. Rel. Comm’n. Feb. 14, 2019)
Full Opinion:Brenda Britz v. Harley-Davidson Motor
Company
Code(s): C038 – Occupational Disease; C017 - Credibility of Witnesses (General)
Factual
Background:
Occupational
disease claim where the claimant alleged injury over a four hour period at
work. The claimant’s job required her to install gas tanks on motorcycles. She
installed somewhere between 35-40 tanks per day, having to apply force to the
tanks with her arms locked in order to get the tanks into proper position. The
claimant noted shoulder discomfort after performing these activities on 7/6/17,
and was ultimately diagnosed with a SLAP tear.
Claimant’s expert, Dr. Rosenthal, opined that the motion that the claimant was using to install the tanks - applying force with her arms locked and outstretched - would be akin to falling on an outstretched arm. Employer’s expert, Dr. Elton, thought the motion of installing these tanks was not consistent with a SLAP tear, but did not offer an alternative explanation.
The Employer also used an ergonomics expert, Mary Fitzpatrick. The expert performed on-site testing, but it was considered unreliable because they were not using the exact bikes that the claimant was using when she was injured, and the expert couldn’t testify that she could measure force or give a causation opinion - she could only testify as to risk.
ALJ Decision:
ALJ
Siedlik found the claimant’s testimony and expert testimony to be credible. He
was influenced by the fact that the Employer’s expert could not offer an
alternative explanation for how the injury occurred and that the ergonomics
expert could not actually offer a causation opinion.
Analysis/Holding:
The Commission affirmed and adopted the ALJ’s decision