Lead Opinion
The Farmington Country Club, Inc., and its insurer, Great American Insurance Company/Ohio Casualty Group (hereinafter collectively “employer”), appeal a decision of the Workers’ Compensation Commission holding that employer is responsible for payment for the prescription medication Nexium for Frank Wayne Marshall (claimant) to treat his gastro-esophageal reflux disease (GERD). On appeal, employer contends the evidence is insufficient to prove claimant’s GERD is causally related to his compensable industrial injury. It contends further that, even if the GERD is causally related, it is a consequence of a compensable consequence and, thus, that the causal connection is too attenuated to be covered under the Workers’ Compensation Act. For the reasons stated, we find the commission erred in finding the necessary causal connection between claimant’s industrial injury and his GERD. Thus, we reverse the commission’s award of medical benefits.
I.
BACKGROUND
On September 6, 2000, while working as a painter for employer, claimant fell twelve feet from a ladder onto a wall, injuring his back.
While in the rehabilitation facility, claimant received numerous medications for pain, muscle spasms, and insomnia. He also was prescribed various medications for indigestion,
Pursuant to a commission award entered May 21, 2001, claimant received medical benefits and ongoing temporary total disability benefits beginning September 7, 2000. In September 2002, claimant began treatment with Dr. Robert L. Muller, a licensed clinical psychologist. Dr. Muller noted claimant experienced chronic pain and had significant depression and anxiety secondary to his medical problems and permanent disability. Claimant obtained treatment from Dr. Muller intermittently through at least January 2004.
In 2004, nearly 4 years after the injury, claimant was initially diagnosed with GERD. On June 18, 2004, family physician Dr. William R. Dandridge prescribed Nexium for the treatment of claimant’s GERD. Claimant sought payment from the employer for the prescription, and when employer denied coverage, claimant sought a ruling by the commission.
Medical evidence before the commission included statements from several of claimant’s treating physicians. Dr. Alan Alfano, one of the physicians who treated claimant at the rehabilitation facility shortly following his injury, was asked, “[Pjlease advise of your opinion as to whether or not Mr. Marshall’s GERD is a result of his back injury____” In response, Dr. Alfano opined on July 15, 2004, that “I don’t believe that [claimant’s] GERD is [djirectly caused by his [spinal cord injury]. However, I do believe that it is indirectly related to his injury in that it is likely exacerbated by stress. I have referred the treatment of his GERD to his [primary care physician].” (Underlining in original.)
On July 27, 2004, Dr. Martin D. Katz, a partner of Dr. Dandridge, opined as follows: “[Claimant] had no history of gastric reflux or gastric ulcer prior to his fall in September of 2000. The emotional and physical stress he endures everyday as a result of his injuries from that fall may have caused his present gastrointestinal problems.”
Claimant also obtained an opinion from Dr. Muller, his treating licensed clinical psychologist. On August 2, 2004, Dr. Muller wrote: ■
Mr. Marshall asked me to comment on his recent diagnosis of an acid reflux disorder. The past few years Mr. Marshall has been experiencing significant anxiety & depression stemming from his physical disabilities and change of life. His stress level certainly must be considered as an etiological factor for the acid reflux & also considered to significantly exacerbate his symptoms.
In a determination made on the record, the deputy commissioner found the medical opinions of Drs. Muller and Alfano “persuasive in implicating stress caused by the work accident as a partial cause or exacerbating cause of the claimant’s GERD.” The deputy also rejected employer’s argument that claimant’s GERD nevertheless was not covered because it was a consequence of a compensable consequence. Because claimant’s compensable back injury caused symptoms of emotional and physical stress, which, in turn, caused or aggravated claimant’s GERD, the deputy held the GERD was a compensable consequence directly linked to the original injury. The deputy further opined:
Our decision in the present matter turns upon a rather subtle distinction. Had we found that the GERD condition causing the need for the disputed medication was caused by depression resulting from physical disabilities and pain resulting from the work accident, we would have ruled against the claimant. This chain of causation is similar to the brain injury resulting from depression caused by the physical injury to the claimant’s wrist caused by the work accident in Paul Johnson Plastering [v. Johnson,265 Va. 237 ,576 S.E.2d 447 (2003)]. In the present matter, however, we find that the GERD condition is directly caused or aggravated, at least in part,by emotional and physical stress resulting from the work injury. Put another way, this is not a case where stress from the physical injury causes depression which, in turn, causes GERD. Rather, the stress directly causes (or aggravates or exacerbates) the GERD.
On employer’s request for review, the commission unanimously affirmed, agreeing with the deputy’s findings of fact and conclusions of law. It relied on the decision in Berglund Chevrolet, Inc. v. Landrum,
Employer noted this appeal.
II.
ANALYSIS
An accidental injury that arises out of and in the course of a claimant’s employment is compensable under the Workers’ Compensation Act. See, e.g., Amoco Foam Prods. Co. v. Johnson,
In keeping with this principle, the Supreme Court has adopted the doctrine of compensable consequences. Immer & Co. v. Brosnahan,
For example, where a claimant with a compensable industrial injury suffers an additional injury in an automobile accident while traveling “to or from a doctor’s office for the treatment of [the] work-connected injury,” the second injury is “sufficiently causally related to the employment by the mere fact that [the] work-connected injury was the cause of the journey.” Brosnahan,
The Supreme Court has prescribed certain limits to the doctrine of compensable consequences. In Amoco Foam Prods., the Court considered whether a claimant may recover for a “compensable consequence of a compensable consequence,” and decided a claimant could not.
The Court applied these same limitations in Paul Johnson Plastering v. Johnson,
Our decision in Berglund Chevrolet, Inc. v. Landrum,
Mr. Landrum is regularly followed through our office for complications of a closed head injury that occurred on June 8, 1990 with associated chronic headaches. He, in addition, has a history of back injuries associated with both the headaches and back pain, a chronic pain syndrome/complex regional pain disorder. As a result ofthe combination of these problems and the medications used to treat them, he has difficulty with erectile dysfunction, improved with Viagra. It is difficult to blame a specific medication or injury and it is likely that it is the combination of both injuries and his medications that have contributed to his sexual dysfunction.
Id. at 747,
Dr. Daugherty focused on the combination of the “chronic pain syndrome/complex regional pain disorder” caused in part by the workplace accident and “the medications used to treat them.” In his view, the causal chain was not interrupted by any intervening accidents, unrelated injuries, idiopathic conditions, or causal influences for which Land-rum should bear responsibility. Finding Dr. Daugherty’s opinion persuasive, the commission concluded “the evidence predominates in establishing that the claimant has developed sexual/erectile dysfunction (and a need for Viagra), at least in part, as a direct consequence of the workplace injury to his back.”
Id. (emphasis in original).
Thus, in Berglund, the back injury (“A”) was a direct cause of the erectile dysfunction (“C”). It was not that the back injury caused depression, which in turn caused the dysfunction.
III.
CAUSATION AND COMPENSABLE CONSEQUENCE
The commission’s determination regarding causation is a finding of fact. Marcus v. Arlington County Bd. of Supers.,
Employer contends that, based on the Supreme Court’s holdings in Amoco Foam Prods, and Paul Johnson Plastering, the connection between claimant’s back injury and his subsequent development of GERD is too attenuated to provide the necessary causal link. We agree.
We first must review the medical testimony to determine whether the facts support the commission’s finding. It should be noted neither the deputy nor the commission found the original back injury caused the GERD condition. The deputy stated, “[W]e find that the GERD condition is directly caused or aggravated, at least in part, by emotional and physical stress resulting from the work injury.” The commission, in awarding benefits, concluded, “Further as the deputy commissioner noted, where stress from the work accident causes depression, case law uniformly holds the [employer] responsible in that situation.”
This is not the correct legal standard as set forth in Amoco Foam Prods, and Paul Johnson Plastering. The commission only related stress/depression to the GERD condition.
The evidence from the treating physicians, rather than proving causation, as the dissent suggests, indicates the error of the commission’s finding.
When invited to comment on the relationship between claimant’s GERD and his back injury, Dr. Alfano specifically concluded that there was no direct causation between the injury and the GERD. Thus, Dr. Alfano’s medical opinion affords no basis for causation.
Dr. Katz indicated, “[T]he emotional and physical stress [claimant] endures everyday as a result of his injuries from the fall may have caused his present gastrointestinal problems.” (Emphasis added). The word “may” is insufficient to prove causation. “May” is defined as “to express possibility.” Webster’s College Dictionary 811 (2d ed.1997). “A medical opinion based on a ‘possibility’ is irrelevant, purely speculative and hence, inadmissible.” Spruill v. Commonwealth,
Dr. Muller found claimant “has been experiencing significant anxiety and depression stemming from his physical disabilities and his stress level certainly must be considered as an etiological factor for the acid reflux and also considered to significantly exacerbate his symptoms.” Dr. Muller, at best, opines the original injury (“A”) caused the stress/depression (“B”), which in turn caused the GERD condition (“C”). Nothing in Dr. Muller’s opinion can be interpreted to indicate the original back injury was a direct cause of the GERD condition.
The dissent points to the fact that during claimant’s initial hospitalization for the original injury, he was prescribed medication for indigestion, gas, nausea, and bloating.
We conclude no evidence supports the commission’s determination of causation and farther conclude the commission applied an incorrect analysis concerning compensable consequences. We reverse the commission’s award of medical benefits.
Reversed.
Notes
. Employer does not contest the compensability of the original injury.
. Johnson contended in the alternative that the brain injury was directly caused by the original industrial accident. Johnson,
. While Food Distributors v. Estate of Ball,
. The record does not show claimant related the original injury to the GERJD condition.
. We note that the uncompensable consequences in Amoco Foam Prods. and Paul Johnson Plastering involve subsequent injuries, while the claimant here complains of an ensuing symptom of an illness. We find no distinction between a consequential injury and consequential symptom for purposes of an "A-B-C” analysis, as long as the evidence links the original injury to the subsequent consequence.
. Neither the deputy, nor the full commission, considered the gastrointestinal symptoms in their determination of causation.
Dissenting Opinion
dissenting.
The majority holds, based on the Supreme Court’s decisions in Amoco Foam Products Co. v. Johnson,
The commission’s determination regarding causation is a finding of fact and may be proved by direct or circumstantial evidence. Marcus v. Arlington County Bd. of Supers.,
Here, credible evidence supports the commission’s finding that claimant’s compensable back injury “is a contributing factor in his [GERD].” Claimant’s primary care physician, Martin Katz, noted that claimant had no history of gastric reflux or ulcer prior to his industrial injury on September 6, 2000. Claimant’s medical records show he was treated for digestive problems while in rehabilitation immediately following his injury and that, when he was discharged from the rehabilitation facility in October 2000, about five weeks after the accident, doctors gave him a prescription for Protonix, a drug similar to Nexium, to take as needed. Finally, after claimant was diagnosed with GERD in 2004, his treating physicians gave opinions supporting a finding that claimant’s industrial injury directly caused or contributed to his GERD. Dr. Katz opined that the “emotional and physical stress [claimant] endures everyday as a result of Ms injuries from [the compensable] fall may have caused Ms present gastrointestinal problems.” Dr. Alan Alfano opined claimant’s GERD was “indirectly related to Ms injury in that it is likely exacerbated by stress.” Finally, Dr. Robert Muller noted that claimant “has been experiencing significant anxiety and depression stemming from Ms physical disabilities and change of life” and that “[h]is stress level certainly must be considered as an etiological factor for the acid reflux and also considered to significantly exacerbate Ms symptoms.”
Based on tMs evidence, the commission agreed with the deputy that “tMs is not a case where stress from the physical injury causes depression which, in turn, causes GERD” and that claimant’s “GERD condition is directly caused or aggravated, at least in part, by emotional and physical stress resulting from the work injury.” The commission relied on stress, not depression, as a factor causing claimant’s GERD. Credible evidence in the record supports tMs finding.
The majority concedes that Dr. Muller’s opimon establishes “the original injury (‘A’) caused the stress/depression (‘B’), wMch in turn caused the GERD condition (‘C’),” but concludes as a matter of law based on Amoco Foam Prods, and Paul Johnson Plastering that tMs causal link is insufficiently direct. I believe the majority’s interpretation of these holdings is overly simplistic and unnecessarily narrow.
As set out above, the commission agreed with the deputy that stress, not depression, related to claimant’s compensable back injury was a direct cause of claimant’s GERD. These facts are distinguishable from those in
Our holding in Landrum supports this result. In Land-rum, we held the evidence supported a finding that the pain from the compensable industrial accident and the medications used to treat the pain were, “ ‘at least in part,’ ” a “ ‘direct’ ” cause of Landrum’s erectile dysfunction.
Similarly, here, claimant’s compensable back injury and resulting disability caused stress, and the medical evidence supported a finding that this stress either partially caused or “significantly exacerbate[d]” claimant’s GERD. The evidence established that, within weeks following the accident, claimant experienced emotional distress from the accident. Although he had never had GERD before the accident, while in rehabilitation following the accident, he had indigestion severe enough to require treatment, and upon his discharge from rehabilitation, he received a prescription for Protonix, a drug similar to Nexium, to take as needed. Evidence from claimant’s treating physicians supported a finding that stress from claimant’s back injury and resulting disability caused or “significantly exacerbate[d]” his GERD. Thus, regardless of whether any physician
For these reasons, I respectfully dissent.
