No. 14-094735 (Mo. Lab. & Indust. Rel. Comm’n.
May 19, 2017 )
Full Opinion: [Wilkins v. Piramal Glass USA, Inc.]
Code(s): C002 Medical Causation; C005 Credibility of Medical Experts; C032 Pre-existing Condition
Factual
Background:
Claimant
was a mechanic who was responsible for maintaining the machines used by
Employer in the manufacture of glass. After squatting on a catwalk to repair a
machine, Claimant stood and felt a pop in the back of his left leg below the
knee and felt immediate pain. The injury continued to get worse over the next
few days and he was diagnosed with a strain. Then, several weeks later,
Claimant developed swelling caused by a staph infection and hematoma. He
required hospitalization to treat these and it was revealed that several days
before the initial injury, Claimant had an open sore on his ankle from new
boots.
ALJ Decision:
The
ALJ found that Claimant suffered a compensable accident in regards to the calf
strain and hematoma, but denied work-related causation for the staph infection
and medical treatment. This was largely due to the existence of the sore and
Claimant’s diabetes which increased the likelihood of a staph infection.
Analysis/Holding:
The
Commission disagreed. They found that while Claimant’s diabetes may have been a
contributing factor, it was not the prevailing factor. Furthermore, they leaned
on Claimant’s expert who stated that the staph infection likely began 24 hours
before he was admitted for treatment, meaning the infection was likely not the
product of a preexisting wound to the ankle.
The Commission reversed the ALJ’s decision in part.
The
Takeaway:
Pre-existing conditions or injuries may make a claimant more likely to develop or aggravate a work injury, but the fact that a pre-existing condition may be a contributing factor to an injury does not necessarily make it the prevailing factor as to bar compensability.