Jewett v. Real Tuff, Inc.
800 N.W.2d 345
S.D.2011Background
- Jewett, a 49-year-old welder, worked for Real Tuff from 1996-2009, kneeling on concrete to weld components and after 2003 worked with knee supports reducing kneeling.
- August 1, 2006, Jewett injures his right knee when a corral panel is moved; an MRI reveals a loose body; arthroscopic surgery is performed.
- Post-surgery, significant pre-existing osteoarthritis in the right knee is found; doctors debate whether the injury or pre-existing arthritis primarily drives the need for a knee replacement.
- Insurer disputes further treatment costs, including an MRI for the left knee after a 2008 injury; Department approves MRI only for left knee treatment.
- Department ultimately finds the 2006 injury a major contributing cause of the right knee arthroscopy but not of the knee replacement, and rejects cumulative trauma as major cause of arthritis.
- Jewett appeals, arguing either the 2006 injury remained a major contributing cause for the knee replacement or that cumulative work activities caused his bilateral patellofemoral osteoarthritis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the 2006 injury a major contributing cause of the right knee replacement? | Jewett argues the injury remained a major contributing cause. | Real Tuff/Insurer contend the injury ceased to be the major cause after surgery. | Not a major contributing cause |
| Did cumulative work activities cause Jewett’s bilateral osteoarthritis as a major contributing cause? | Jewett asserts cumulative trauma from kneeling caused arthritis. | Experts attribute arthritis to non-work factors or pre-existing conditions. | Not proven by medical probability |
| What standard governs causation under SDCL 62-1-1(7)(a)/(b) in this case? | Orth-style language applies to take-the-employee-as-found; now requires major contributing cause of condition. | Causation requires a major contributing cause plus remaining causation from employment activities. | Work activities must remain a major contributing cause; Jewett failed |
Key Cases Cited
- Grauel v. S.D. Sch. of Mines & Tech., 2000 S.D. 145, 619 N.W.2d 260 (2000 S.D. 145) (modification of causal burden for post-injury arthritis cases)
- Orth v. Stoebner & Permann Constr., Inc., 2006 S.D. 99, 724 N.W.2d 592 (2006 S.D. 99) (take-the-employee-as-found; causation language revised by statute)
- Elmstrand v. G & G Rug & Furniture Co., 77 S.D. 152, 87 N.W.2d 606 (1958) (pre-statute causation framework; injury vs disease distinction)
- Arends v. Dacotah Cement, 2002 S.D. 57, 645 N.W.2d 583 (2002 S.D. 57) (cumulative trauma with degenerative knee disease supporting compensability)
- Darling v. W. River Masonry, Inc., 2010 S.D. 4, 777 N.W.2d 367 (2010 S.D. 4) (clarifies standard for medical probability in expert testimony)