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Nancy Baxter v. State of Delaware, IAB Hearing No. 1359222 (March 21, 2011)

Claimant filed a Petition to Determine Compensation Due alleging injuries to her neck and right shoulder as a result of the cumulative detrimental effect of her employment as a judicial case processor for the Justice of Peace Court. Claimant testified that her clerical job duties involved approximately 95% typing and 5% telephone usage. Claimant's treating doctor, Dr. Arnold Glassman, testified that she has cervicothoracic and myofascial pain as a result of her repetitive work activities. Dr. Alan Fink, Employer's medical witness, testified that Claimant suffers from right occipital neuralgia and bursitis of the right shoulder, which is not causally related to her work activities. The Board held that Claimant failed to meet her burden of proving that the neck and right shoulder problems were causally related to her work activities, so the Petition was denied in its entirety. The Board did not find Dr. Glassman's opinion persuasive because it was based solely on the history provided by Claimant; he performed a very limited review of Claimant's medical records just prior to his deposition; he was not familiar with Claimant's job duties or activities outside of work that could have caused or contributed to the alleged injuries; and Dr. Glassman did not begin treating Claimant until months after she had been released to return to work following the alleged work injuries.

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