Erwin v. Harris
Erwin v. Harris
Opinion
This is a workmen's compensation case.
The claimant appeals from the trial court's denial of further medical benefits for an off-the-job injury to a knee. The claimant had received workmen's compensation and medical benefits for a prior, compensable injury to the knee.
In May 1982, the claimant sustained an injury to his left knee when the riding lawn mower that he was operating overturned. The injury occurred in the course of his employment, and proper notice was provided to his employer.
Immediately after suffering the knee injury, the claimant began undergoing treatment by Dr. Marcus Whitman, an orthopedic surgeon approved by the claimant's employer. Surgery was performed twice on the injured knee, and the claimant attempted rehabilitation while making regular visits to Dr. Whitman's office.
After an unsuccessful attempt by the claimant to return to work, the employer and the claimant filed a joint petition for a lump sum settlement of compensation. The petition was approved by the trial court on July 7, 1983. A provision of the agreement provided that the employer would continue to furnish medical and surgical benefits "if any be necessary and to *Page 1126 the extent and in the manner required by [The Workmen's Compensation] Act."
In August 1983, while still under Dr. Whitman's care for his original knee injury, and while vacationing in Florida, the claimant suffered a fall that caused further severe injuries to his left knee. Claimant returned to Dr. Whitman for regular office visits and underwent arthroscopic surgery on the knee in October 1983. After the surgery, claimant had to be rehospitalized for treatment of an infection in his left knee. He remained in the hospital for two weeks.
The employer refused to pay medical expenses for the second knee injury. The claimant asked the trial court to vacate the earlier settlement, and made a claim for medical expenses arising out of the subsequent injury.
A trial was held in November 1984. The only medical testimony presented was that of Dr. Whitman. Dr. Whitman testified that the second knee injury was caused by the weakness of the muscles and residual instability of the knee following the original injury. Dr. Whitman's medical report of December 2, 1983, following up on a September 28, 1983 report, is unequivocal, and reads as follows:
"There is no doubt in my mind that it [claimant's subsequent injury] is related to his original problem. Certainly with the type injury this patient had of his knee, it would make him subject to reinjury at any time, and the twisting injury he sustained while on the beach was due to instability in the knee. After all he had had two procedures on his knee prior to this injury, and this would make him more susceptible to injury than the normal person."
After considering all of the testimony, the trial court made the following findings of fact:
"1. Plaintiff injured his left knee on May 15, 1982, and received compensation and medical payments for this injury.
"2. On or about August 25, 1983, while vacationing at Ft. Walton Beach, Florida, the plaintiff fell and the left knee was again injured.
"3. The condition of plaintiff's left knee on or about August 25, 1983, immediately prior to the fall was a contributing factor in the plaintiff's fall.
"4. The injury to the left knee of the plaintiff on or about August 25, 1983, was a new injury.
"WHEREFORE, it is the judgment of the court that the plaintiff's claim for medical benefits relating to the knee injury incurred on or about August 25, 1983, is due to be and is hereby denied."
This case has been before this court once before. See Erwinv. Harris,
We note at the outset that the workmen's compensation laws are remedial in nature and are to be liberally construed and applied in order to effect their beneficent purposes. OrkinExterminating Co. v. Williams,
Section
It is well established that, under general workmen's compensation law, an injury which occurs subsequent to an original, compensable injury is itself compensable if it is the direct and natural result of the original, compensable injury. 1 A. Larson, The Law of Workmen's Compensation, §§ 13.10, 13.11, 13.12 (2d ed. 1985). This rule applies regardless of whether the subsequent injury is an aggravation of the initial compensable injury or a new and distinct injury. Larson, supra.
Therefore, if an injury occurs as the direct and natural result of the original, compensable injury, it is a reasonable conclusion that any medical expenses incurred by the employee for the subsequent injury are those that the employer is required to pay as "reasonably necessary" under §
The burden is upon the claimant to establish the causal connection between the initial, compensable injury and the subsequent injury for which benefits are sought. Houston v.Louisiana Land Exploration Company,
A Minnesota case which supports this principle is Day v.Zenith Paper Stock and Rug Company,
In the case of Carabetta v. Industrial Commission,
We are aware and reiterate that the scope of review in a workmen's compensation case is limited to a determination of whether there was any legal evidence to support the trial court's finding and whether the correct law was applied to those facts. Wimbs v. El Biscuit Village, Inc.,
REVERSED AND REMANDED WITH DIRECTIONS.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Boyce Garrett Erwin v. Theodore H. Harris.
- Cited By
- 18 cases
- Status
- Published