The employee petitions this court to vacate an award on stipulation on the basis of a substantial change in medical condition.  Finding no cause to vacate, we deny the petition.

The employee allegedly sustained a work-related injury to her hand, wrist, and fingers while working as a crew member for Four Crown, Inc./Wendy’s on October 29, 2008.  She subsequently underwent treatment, including right wrist surgery on January 29, 2009.  The employer and insurer denied liability for the alleged work injury.

In September of 2009, the parties entered into a stipulation for settlement.  At that time, the employee contended that, as a result of her injury, she had been temporarily totally disabled from January 2, 2009, through March 30, 2009, that she may have sustained permanent partial disability, medical bills, mileage, and out of pocket medical expenses, that she might be entitled to rehabilitation services, that she might require ongoing medical care and treatment, and that she might be entitled to payment of future temporary total, temporary partial, permanent total, and permanent partial disability benefits.  The employer and insurer denied all of the employee’s contentions.

Pursuant to the terms of the settlement, the employer and insurer paid medical providers $1,697 and paid the employee $6,000, less $1,400 in attorney fees, in full, final, and complete settlement of all past, present, and future claims, including medical expenses.  An award on stipulation was filed on October 1, 2009.

On September 9, 2013, the employee filed a petition to vacate the award on stipulation.  The employee’s attorney, Joshua Borken, submitted an affidavit in support of the petition to vacate, outlining the employee’s symptoms and treatment prior to the stipulation for settlement and at the time of the award on stipulation.  He also outlined the employee’s work history from the date of injury to the present.

The employee petitions to vacate the award on stipulation on the basis of a substantial change in condition.

Pursuant to Minn. Stat. § 176.461, an award may be set aside “for cause,” which includes “a substantial change in medical condition since the time of the award that was clearly not anticipated and could not reasonably have been anticipated at the time of the award.”  The employee contends that reasonable grounds exist to vacate the award on stipulation on this basis.

A number of factors may be considered in determining whether an award should be vacated due to a substantial change in condition, including:

The employee contends that “there have been substantial changes in her diagnosis, including the recurrent de Quervain’s syndrome and the status/post adductor pollicus longus slip resection surgery.”  The relevant comparison is between the employee’s present medical condition and the employee’s condition at the time of the award.  Battle v. Gould, Inc., 42 W.C.D. 1085 (W.C.C.A. 1990).  The only medical record submitted to us regarding the employee’s condition at the time of the award on stipulation is a Summit Orthopedic Work Activity form dated March 11, 2009.  That form indicates that the employee had a diagnosis of right wrist tendonitis that was not work-related and that she had been released to return to work with no restrictions on March 30, 2009.  While Mr. Borken’s affidavit describes the employee’s condition, symptoms, and diagnosis preceding the award on stipulation, no medical substantiation was provided.  In addition, no medical records regarding the surgery performed prior to the award on stipulation were provided to this court.

The employee’s current diagnosis is “recurrent” de Quervain’s syndrome, which suggests the return of a prior condition, but, without the earlier medical records, it is impossible to make a determination.  As such, the employee has not established that her diagnosis has changed since the issuance of the award on stipulation.

Mr. Borken’s affidavit outlines the employee’s work history after leaving the employer.  According to the affidavit, within two days of leaving the employer, the employee began work at McDonald’s, and it was while she was working there that her symptoms returned and worsened.  The employee then allegedly left that position for the birth of her third child, and she began working for Goldmark cleaning apartments in December of 2010.  Nothing in the history recited establishes that the employee’s ability to work has changed, and no medical records were submitted covering the employee’s ability to work at present.  The employee has not shown that there has been a change in her ability to work since the issuance of the award on stipulation.

Also according to Mr. Borken’s affidavit, the employee did not contemplate any permanent partial disability at the time of the stipulation, but she has subsequently undergone surgery and “would likely receive a Weber rating.”  The stipulation for settlement, however, specifically indicated that the “employee may have sustained permanent impairment to the body as a whole of an unknown amount for which employee is entitled to permanent partial disability.”  In addition, no medical records were submitted to support the contention that the employee “would likely receive a Weber rating” at this time.  The employee did not establish an unanticipated increase in permanent partial disability.

Medical records submitted with the petition to vacate establish that the employee has undergone an injection, a surgery, and ongoing treatment.  However, no evidence of the cost of this treatment was provided.

Mr. Borken’s affidavit in support of the petition states, “Dr. Thomas has opined that the Employee’s worsened condition and need for additional treatment and surgeries is causally related to her October 2008 work injury.”  The employee failed, however, to provide this court with any medical record or report containing that opinion.  The only medical report of Dr. Thomas submitted with the petition to vacate was dated June 13, 2012, and causation was not addressed.  The medical history form attached to that report, apparently completed by the employee, indicates that the onset of the “problem” was 2009, but the employee alleges an injury date of October 29, 2008.  The employee has provided no medical evidence that her condition is or was in any way related to a work injury or her work activities at the employer.

The employee’s petition to vacate the October 1, 2009, award on stipulation is denied.