Hintz v. Farmers Co-op Assn.
297 Neb. 903
Neb.2017Background
- On Nov. 13, 2014, Ian Hintz (tire technician for Farmers Co-op) was thrown ~10 feet when a semitrailer tire exploded; he left work and returned the following Monday but did not immediately seek medical care.
- Coworker testimony and payroll records indicated Hintz resumed full job duties in the weeks after Nov. 13; Hintz later told coworkers/doctors different histories at different times.
- On Dec. 4, 2014, Hintz tripped on stairs at home and began seeking medical care the next day for right hip/leg pain; MRI showed a labral tear and surgery was performed Feb. 25, 2015.
- Three orthopedic opinions conflicted: Harris (surgeon) linked the labral tear to a high-energy work injury; Bozarth (defense reviewer) concluded the work injury resolved and the Dec. fall caused the symptomatic right hip; Gallentine (initial treating orthopedist) said causation could be either event.
- The Workers’ Compensation Court found Hintz’s work injury resolved within 3 days and the hip surgery resulted from the home fall; the Court of Appeals reversed and remanded, focusing on Harris’ surgical observations and deeming Bozarth’s record-review opinion incompetent.
- The Nebraska Supreme Court reversed the Court of Appeals, holding there was competent evidence to support the compensation court’s factual findings and that Bozarth’s record-review opinion was admissible and properly weighed by the trier of fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation — whether Nov. 13 work accident proximately caused the disabling hip injury | Hintz: the tire explosion initiated symptoms that culminated in the labral tear requiring surgery | Farmers: work injury resolved within days; the Dec. fall caused the symptomatic hip injury | Workers’ Compensation Court’s finding that the workplace injury resolved and the home fall caused surgery was supported by competent evidence; Supreme Court affirmed that finding |
| Sufficiency/weight of medical expert opinions | Hintz: surgeon Harris’s intraoperative observations provide competent, persuasive causation evidence | Farmers: Bozarth’s record-review opinion is competent and supports resolution of work injury; Gallentine equivocal | Court: conflicting expert testimony was for trier of fact; Harris’s opinion could be discredited for inconsistent history and Bozarth’s opinion is competent |
| Competency of record-review medical opinions | Hintz: Bozarth’s opinion insufficient because based on records only | Farmers: record-review is an acceptable basis for medical opinion | Court: a physician may rely on others’ exams/tests; Bozarth’s opinion was competent and properly weighed by the compensation court |
| Standard of appeal — reweighing evidence | Hintz: Court of Appeals should not substitute its judgment for the compensation court | Farmers: Court of Appeals misapplied clear-error standard and reweighed evidence | Court: Court of Appeals erred by reweighing and substituting its judgment; appellate review must defer to compensation court unless clearly erroneous |
Key Cases Cited
- Nichols v. Fairway Bldg. Prods., 294 Neb. 657, 884 N.W.2d 124 (standard for appellate review of Workers’ Compensation Court)
- Hynes v. Good Samaritan Hosp., 291 Neb. 757, 869 N.W.2d 78 (expert testimony required when injury’s nature/effect not plainly apparent)
- Owen v. American Hydraulics, 258 Neb. 881, 606 N.W.2d 470 (conflicting medical testimony is for the trier of fact)
- Hull v. Aetna Ins. Co., 247 Neb. 713, 529 N.W.2d 783 (general principles on expert testimony and causation)
- Mathes v. City of Omaha, 254 Neb. 269, 576 N.W.2d 181 (definition of competent evidence)
- Hamer v. Henry, 215 Neb. 805, 341 N.W.2d 322 (triers of fact not bound by experts’ opinions)