Electrical General Corp. v. Labonte
164 A.3d 157
| Md. | 2017Background
- Michael LaBonte, an electrician, injured his back at work (herniated disc) in 2004; he received temporary disability and medical treatment and later back surgery.
- In December 2006 LaBonte was involved in an unrelated altercation with a law-enforcement officer outside work; he claimed this aggravated his preexisting back condition.
- The Workers’ Compensation Commission (WCC) found a "subsequent intervening event" as to the 2006 incident but, in a 2007 Award, apportioned LaBonte’s permanent partial disability 20% to the work injury and 10% to preexisting/subsequent conditions, awarding permanent partial benefits for the work-related portion.
- In 2012 LaBonte filed a timely petition to reopen alleging worsening of his back and sought additional permanent partial benefits and medical treatment; the WCC denied relief, concluding the prior finding of a subsequent intervening event broke the causal nexus.
- A jury in circuit court found LaBonte’s worsening was 100% caused by the workplace injury; the Court of Special Appeals and the Court of Appeals affirmed, holding a subsequent intervening event does not automatically preclude liability for additional permanent partial benefits that are attributable solely to the original work injury.
Issues
| Issue | LaBonte's Argument | Electrical General's Argument | Held |
|---|---|---|---|
| Whether a WCC finding of a subsequent intervening event bars employer liability for later worsening of a permanent condition | Finding of subsequent event does not discharge employer; permanent disability can be apportioned and employee may recover for portion attributable to work injury | A finding of a subsequent intervening accident severs causal nexus and thus bars employer liability for any further worsening | WCC finding of subsequent intervening event does not, per se, bar employer liability; employer may be liable for portion of worsening reasonably attributable solely to the original work injury (apportionment under LE §9-656) |
| Whether temporary vs. permanent disability rules control apportionment | Permanent disability is apportionable among multiple causes; reopening allowed to allocate additional permanent worsening | The "final accident" rule should foreclose liability because the later event was the last injury | Court: "final accident" rule applies to temporary disability only; permanent disability is apportioned among causes and can support later awards for worsening attributable to the work injury |
| Whether prior WCC orders became law of the case or preclusive | Prior WCC orders did not preclude relitigation on reopening; Commission has continuing jurisdiction to modify | Prior WCC orders (no appeal taken) are binding and preclude relitigation of subsequent-event finding | Court: Neither law-of-the-case nor collateral estoppel precludes reopening; LE §9-736 gives Commission continuing jurisdiction to modify findings within statutory time limits |
| Whether medical treatment and expenses are recoverable after a subsequent intervening event | Medical treatment is recoverable if worsening/need is caused by the work injury and is reasonably attributable to it | Medical treatment liability is precluded where prior finding shows subsequent event caused worsening | Court: Medical treatment/expenses are not categorically barred; entitlement depends on whether worsening/need is causally attributable to the work injury (fact question for Commission/jury) |
Key Cases Cited
- Reeves Motor Co. v. Reeves, 105 A.2d 236 (Md. 1954) (surgery as an intervening cause can break causal nexus to work injury)
- Martin v. Allegany Cty. Bd. of Cty. Comm’rs, 536 A.2d 132 (Md. Ct. Spec. App. 1988) (the final-accident rule governs liability for temporary disability)
- J & M Const. Co. v. Braun, 410 A.2d 607 (Md. Ct. Spec. App. 1980) (apportionment under the statute applies to permanent disability, not temporary benefits)