Hintz v. Farmers Co-op Assn.
A-16-267
| Neb. Ct. App. | Feb 28, 2017Background
- On Nov. 13, 2014, Hintz, a tire technician for Farmers Cooperative Association, was thrown ~10 feet when a semitrailer tire exploded while he was kneeling in front of it; he experienced back, hip, groin pain and temporary leg numbness.
- Hintz returned to work the following Monday; payroll and coworker testimony suggested he performed normal duties afterward, though he testified he could work only "a little."
- On Dec. 4, 2014, Hintz tripped on stairs at home and thereafter sought care; MRIs revealed a severe right acetabular labral tear and possible paralabral cyst; he underwent right hip arthroscopy and labral repair on Feb. 25, 2015.
- Treating surgeon Dr. Harris later opined the labral tear was "relatively severe" and more consistent with a high-energy work injury (the tire explosion) than a stair fall; treating orthopedist Dr. Gallentine deferred to Harris; a records-review physician for Farmers (Dr. Bozarth) concluded the injury more likely followed the stair fall.
- Farmers denied the workers’ compensation claim, and the Compensation Court found any work-related injury resolved within days and that the surgical hip injury arose from the home fall; Hintz appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hintz’s hip injury (labral tear) was causally related to the Nov. 13, 2014 work accident | Hintz: surgeon’s opinion (Dr. Harris) ties the severe labral tear to the high-energy tire explosion; inconsistencies in history do not undermine Harris’s intraoperative observations | Farmers: medical records and review opinion show symptom onset after a Dec. stair fall; earlier post-accident return to work and inconsistent histories defeat causation | Reversed: court erred; Dr. Harris’s competent surgical observations support causation and were not credibly rebutted |
Key Cases Cited
- Rader v. Speer Auto, 287 Neb. 116, 841 N.W.2d 383 (standard for appellate review of Workers’ Compensation Court findings)
- Contreras v. T.O. Haas, 22 Neb. App. 276, 852 N.W.2d 339 (appellate review standards)
- Schlup v. Auburn Needleworks, 239 Neb. 854, 479 N.W.2d 440 (burden for compensable work-related injury)
- Owen v. American Hydraulics, 254 Neb. 685, 578 N.W.2d 57 (medical testimony required to show causal connection)
- Bernhardt v. County of Scotts Bluff, 240 Neb. 423, 482 N.W.2d 262 (sufficiency of expert opinion judged in context)
- Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (consideration of the beneficent purpose of the Workers’ Compensation Act)