Anderson v. West Union Village Square
Anderson v. West Union Village Square
Opinion
This is a workers’ compensation case arising from a dm of aggravation. The employer appeals an award permanent total disability.
In May, 1975, claimant, then 61, sustained a back jury when lifting a lawnmower from a workbench, íe diagnosis was lumbosacral muscle sprain perimposed on preexisting degenerative arthritic sease. He also suffered from unrelated diabetes, pertension and obesity. He was awarded 25 percent unscheduled permanent partial disability.
Thereafter, the claimant’s condition worsened, aimant has found it increasingly difficult and pain-l to move. As a result, this aggravation claim was ad.
In establishing an aggravation claim, the claimant ist show that the worsening of his condition since a previous award is causally related to the industrial ury. 1 It is not enough simply to show that the limant, once injured, got worse; aggravation re-ires a connection with the industrial injury. The íployer’s position throughout has been that the ^existing disease has been shown to have worsened, It that the muscle sprain caused by the industrial my has not worsened.
The claimant has been examined over the years by reral physicians retained by himself and by the surer. Their reports have been generally harmoni-s: They relate the worsening of claimant’s condition the progression of the degenerative back disease— ¡cifically, the narrowing of the spaces around the ics in the spine. None report a worsening of the *298 muscle sprain condition. 2 None of the original or current medical reports conclude that the sprain aggravated or accelerated the preexisting back disease. There is no reason in the medical reports to find that claimant’s condition is different now than it would have been had there been no industrial injury. Therefore, we find that there has been no aggravation of any condition caused by the industrial injury.
The referee and the Workers’ Compensation Board both assumed a causal connection, contrary to the employer’s contention. The referee awarded an additional 25 percent for worsened impairment. The Board awarded permanent total disability based upon a differing evaluation of nonmedical factors. The insurer asks only that we reverse the Board’s order and reinstate the referee’s order. We are not disposed to give more relief than is prayed for.
Reversed.
ORS 656.273(1) provides:
"After the last award or arrangement of compensation, an injured worker is entitled to additional compensation, including medical services, for worsened conditions resulting from the original injury. "(Emphasis supplied.)
Claimant’s physician reported that the low back pain was based upon degenerative joint disease in the low back area which is made worse by mechanical abnormalities in the back. The phrase "mechanical abnormalities” is not elaborated upon. An orthopedic surgeon retained by the insurer opined that claimant’s "current problem is primarily that of lumbar spine arthritis. Secondarily, he has a chronic lumbar sprain that is not allowed to improve because of his overweight condition and lack of muscular (especially abdominal) control.” He does not suggest that the sprain has worsened.
Reference
- Full Case Name
- ANDERSON, Respondent, v. WEST UNION VILLAGE SQUARE, Petitioner
- Cited By
- 3 cases
- Status
- Published