Lang v. North Dakota Workers Compensation Bureau

SANDSTROM, Justice,

dissenting.

[¶ 22] In 1989 and 1992, Patricia Lang applied for workers compensation benefits for work injuries. The injuries to left and right wrists were diagnosed by Dr. Curtis Juhala and others as tenosynovitis1 or De Quervain’s Disease (synonymous terms).2 Workers compensation benefits were paid for *806these work injuries (tenosynovitis), including corrective surgery (known as tenosynovecto-my) performed by Dr. Juhala. No award was made for osteoarthritis.3

[¶ 23] On March 13, 1995, Lang applied for additional benefits, claiming she sustained a significant change in her medical condition relating to the previous work injury. Lang was clearly advised this was not the process to make claims relating to a different work injury.4

[¶ 24] The evidence in the record clearly reflects Lang’s current problems are not a result of her previous work injuries — teno-synovitis — but are due to “early degenerative osteoarthritis.” As Dr. Juhala wrote the Bureau on February 22,1995:

“Patricia had previous pain, tendonitis [sic] in her hands and underwent surgery in April of 1992 for the right 1st dorsal compartment release and in September of 1992 for the left 1st dorsal compartment release.
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“Her real symptomatology now comes from ... early degenerative osteoarthritis of the carpometacarpal joint.
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“I feel very strongly that this is an aging process that has occurred on Patricia’s hand.”

[¶ 25] Tenosynovitis (inflammation of the tendon sheath) and osteoarthritis (inflammation of the joints) are separate, distinct diseases or injuries. There is no medical evidence to the contrary.

[¶ 26] Osteoarthritis is not a worsening of tenosynovitis. The manifestations of osteoarthritis, therefore, are not a worsening of previous work injury — tenosynovitis. The Bureau correctly found there was not a worsening of her tenosynovitis, and therefore Lang had not “sustained a significant change in her medical condition relating to her previous work injury.” That was the issue before the Bureau. The Bureau correctly decided it. I would affirm.

[¶ 27] Dale V. Sandstrom

. Tenosynovitis: "inflammation of a tendon sheath, as from trauma, repeated strain, or systemic disease.” Random House Dictionary of the English Language 1956 (2d ed.1987).

. See Rene Cailliet, M.D., Hand Pain and Impairment 173 (4th ed.1994).

. Osteoarthritis: "the most common form of arthritis, usually occurring after middle age, marked by chronic breakdown of cartilage in the joints leading to pain, stiffness, and swelling.” Random House Dictionary of the English Language 1370 (2d ed.1987).

Arthritis: "acute or chronic inflammation of a joint, often accompanied by pain and structural changes and having diverse causes." Random House Dictionary of the English Language 118 (2d ed.1987).

. The form completed by Lang — Worker’s Notice of Reapplication — clearly advised her this was not the process to apply for benefits as a result of a different injury: “Do not use this form if current condition was caused by or aggravated by a new traumatic injury or accident."