ESTENSON LOGISTICS v. HOPSON
357 P.3d 486
| Okla. Civ. App. | 2015Background
- Claimant had pre-existing degenerative joint disease in the left hip and was advised for hip replacement.
- Claimant fell on ice at work February 6, 2014; four days later sought emergency care for left hip pain.
- Emergency records show a left femoral head fracture; orthopedist opined some exacerbation of pre-existing condition with the fall.
- Employer’s doctors alleged no permanent injury; Claimant’s doctors asserted an identifiable and significant aggravation from the fall.
- ALJ found a clearly identifiable aggravation and that acute fracture overcame pre-existing condition exclusion; ordered treatment and TTD benefits.
- Commission affirmed the ALJ; Employer sought review; Oklahoma statute §78(C) standard governs appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the injury compensable despite pre-existing DJD? | Hopson argues the fall caused a compensable injury with identifiable aggravation. | Hopson's employer contends no compensable injury since pre-existing degeneration was not overcome. | Affirmed on compensability |
| Is the hip replacement reasonably connected to the injury and required under §50(A)? | Hopson contends surgery is reasonably necessary and connected to the on-the-job injury. | Employer argues treatment must be tied to the injury and not pre-existing conditions if pre-injury recommendation exists. | Affirmed connection and necessity for surgery |
Key Cases Cited
- Young v. State ex rel. Dep't of Human Servs., 119 P.3d 1279 (2005 OK CIV APP 58) (APA-like standard for reviewing agency decisions)
- Union Texas Petroleum v. Corp. Com'n of State of Okla., 651 P.2d 652 (1981 OK 86) (deference to agency findings; substantial evidence standard)