Medically Distinguishable Test Only Applies to Some Work Injuries
The Michigan Supreme Court’s decision in the case of Rakestraw v General Dynamics Land Systems, Inc. clarified whether a disability produced as a result of symptomatic aggravation of a pre-existing, non-work-related medical condition was compensable. The Supreme Court held the claimant must establish more than the aggravation of symptomatology from a pre-existing, non-work-related condition for that claim to be compensable based upon aggravation of that condition by work-related factors.
However, a few months ago the Michigan Court of Appeals held in the case of Simpson v Kevin Bordolla Construction & Concrete Supply, Inc. the Rakestraw analysis does not apply to cases where the pre-existing condition is by itself a work-related condition.
In 1979, Mr. Simpson, an iron worker, injured his left hand during the course of his employment. It remained untreated and continued to worsen while the plaintiff worked over the next two decades. On October 23, 2000, the plaintiff worked for Bordolla Construction & Concrete Supply, Inc. and was responsible for putting reinforcement rods into concrete. As part of his job, the plaintiff had to carry bundles of rods, which weighed between 100 and 150 pounds. While performing this work, his wrist bothered him but he was able to finish the one day job. The plaintiff did not return to work after that date.
The plaintiff’s treating physician diagnosed Mr. Simpson with a fracture of the lunate bone in the left wrist which was never repaired. It progressed to a dissolving necrosis of the bone. The physician stated that the plaintiff’s use of his hands and wrists as an iron worker following his initial fracture in 1979 increased the rate of bone destruction to the point where the condition precluded the plaintiff from using his wrist for most tasks of an iron worker. The defense expert attributed the plaintiff’s post-2000 disability to the initial fracture sustained in 1979.
The Court of Appeals held Mr. Simpson’s employer liable for aggravation of his injury even though he had only spent one day on the job.
After trial, Mr. Simpson was awarded benefits for his left-wrist injury, concluding Bordolla Construction & Concrete Supply, Inc. was responsible for payment of compensation as the last employer to employ the plaintiff in conditions that resulted in his disability. The magistrate stated the plaintiff’s activities while working accelerated the worsening of his wrist condition.
On appeal, Bordolla Construction & Concrete Supply, Inc. argued there was no evidence that Mr. Simpson suffered an injury on October 23, 2000 that was “medically distinguishable” from any pre-existing injury resulting from the 1979 fracture. The Workers’ Compensation Appellate Commission (WCAC) rejected their argument holding that Mr. Simpson’s wrist condition of 2000 was “medically distinguishable” from the broken bone suffered in 1979. They held the advance of necrotic bone that disabled the plaintiff as of October 23, 2000, was not the same condition suffered by the claimant in 1979.
The Michigan Court of Appeals affirmed the WCAC decision determining the facts in the case were legally distinguishable because in the Rakestraw case the pre-existing condition was clearly caused by non-work-related factors. In Simpson, the pre-existing condition was clearly a work-related injury. Therefore, the question is not whether a condition pre-existed the claimed injury, but whether the claimant had already sustained a work-related injury.
Thus, where a workers’ compensation claim stems from the aggravation or complication of a pre-existing, work-related injury, the case of Rakestraw, which addresses non-work-related injuries, is factually distinguishable and inapplicable to the determination of liability. The result is that judges cannot rely upon Rakestraw’s “medically distinguishable” test in determining whether an employer must provide compensation for the aggravation of an employee’s pre-existing, work-related injury.
CMDA Law
Recent Posts
- Michigan Expands its Earned Sick Time Law and Increases Minimum Wage
- Richards’ Article on Medicaid Estate Recovery Featured in Urban Aging News
- Jim Acho Guest on WJR Morning and Afternoon Shows to Discuss New NCAA NIL Lawsuit
- Jim Acho Files Landmark NCAA Class Action Suit
- Livonia Attorneys Participate in Detroit Mercy Law School’s On-Campus Interviews
Recent Comments
Archives
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- November 2021
- October 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- June 2011
- March 2011
- February 2011
- October 2010
- August 2010
- January 2010
- January 2009
- September 2008
- June 2008
- May 2008
Categories
- 50th Anniversary
- Allan C. Vander Laan
- Appeals and Litigation
- Appeals and Litigation Articles
- Barbara M. Moore
- Business Law
- Business Law Articles
- Carol A. Smith
- Christopher G. Schultz
- Community Association & Real Estate Law Practice Group
- Community Association and Real Estate Law Articles
- Community Association Law
- Daniel W. Ferris
- Douglas Curlew
- Education Law
- Education Law Articles
- Employment and Labor Law
- Employment and Labor Law Articles
- Estate Planning and Elder Law
- Estate Planning and Elder Law Articles
- Firm News
- Gary D. Klein
- Gerald C. Davis
- Gregory A. Roberts
- Gregory R. Grant
- Haider A. Kazim
- Insurance Defense
- Insurance Defense Articles
- Isa M. Kasoga
- Jacklyn P. Paletta
- James R. Acho
- James W. Taylor II
- Jeffrey R. Clark
- Joel Ashton
- John "Jay" Gillen
- John D Gwyn
- John M. McFarland
- Joshua J. Cervantes
- Kenneth M. Gonko
- Kevin J. Campbell
- Kimberly M. Coschino
- Kristen L. Rewa
- Latest News
- Law Enforcement Defense and Litigation Articles
- Law Enforcement Litigation and Defense
- Linda Davis Friedland
- Litigation
- Margaret A. Lourdes
- Matthew C. Wayne
- Matthew W. Cross
- Michael O. Cummings
- Michelle L. Richards
- Municipal Law
- Municipal Law Articles
- News & Events for Business Law
- News & Events for Municipal Law
- News Archive
- Norman E. Richards
- Owen J. Cummings
- Patrick R. Sturdy
- Plaintiff's Personal Injury
- Plaintiff’s Personal Injury Articles
- Presentations & Articles
- Published Articles
- Ray E. Richards II
- Real Estate Law
- Robert J. Hahn
- Robert L. Blamer
- Ronald G. Acho
- Ryan D. Miller
- Sarah L. Overton
- Shane R. Nolan
- Stanley I. Okoli
- Stephen C. Johnston
- Suzanne P. Bartos
- Timothy S. Ferrand
- Uncategorized
- Utility Law
- Utility Law Articles