Date: 11-27-2001

Case Style: Delmira Quarles v. Richman Gordman Stores, Inc.

Case Number: WD59905

Judge: Lisa White Hardwick

Court: Missouri Court of Appeals for the Western District

Plaintiff's Attorney: Party Acting Pro Se

Defendant's Attorney: Theresa A. Otto

Description: Delmira Quarles began working as a sales representative at a Half Price Store in Kansas City, Missouri in November 1987. On August 22, 1988, she was climbing a ladder and lifting boxes at work when her wrist gave out, resulting in severe pain. The Employer referred Quarles to Dr. Gerald Dugan, an orthopedic specialist, for treatment on September 15, 1988.

Dr. Dugan diagnosed Quarles with Quervain's disease (stenosing tenosynovitis) of the left wrist, prescribed anti-inflammatory medication and placed her left hand and forearm in a splint. Dr. Dugan next examined Quarles on September 30, 1988, and released her to return to work with the splint. On August 30, 1989, Dr. Dugan gave Quarles a full release to return to work without restriction and without further treatment. Dr. Dugan concluded that Quarles suffered a 1% to 2% permanent partial disability of her left wrist.

Prior to a workers' compensation hearing before the Administrative Law Judge (ALJ), Quarles and the Employer stipulated that the determinative issues were limited to: (1) whether Quarles suffered any disability and, if so, the nature and extent of her disability; and (2) whether the Employer must provide Quarles with additional medical care.

At the hearing on June 20, 2000, Quarles testified she currently suffered pain in her hand radiating into her shoulder. She obtained a paralegal degree in 1990, but felt she was no longer able to work because of pain in her hand. On cross examination, Quarles admitted that she was no longer working due to arm and hand injuries she sustained in a 1993 automobile accident. She also admitted that her work at Sprint, following her employment at the Half-Price Store, caused problems with her left hand and wrist. The ALJ declined to admit hearsay evidence Quarles presented from independent physicians who had assessed her disability at a higher rating than Dr. Dugan. Based on the evidence presented, the ALJ found that Quarles sustained an injury while working at the Half-Price Store in 1988 and awarded her a five percent (5%) permanent partial disability to her left upper extremity at the 175-week level, resulting in 8.75 weeks of disability in the amount of $882.88.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Delmira Quarles appeals a Labor and Industrial Relations Commission decision affirming her workers' compensation award against the Richman Gordman Stores, Inc., f/k/a The Half-Price Store (Employer). We dismiss her appeal for failure to comply with Rule 84.04.(FN1)

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: C.L.