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Hatcherson v. Diebold11/2/2000
rable lumbar herniated disk was a physical work stress and extraordinary and unusual in comparison to the stress or exertion experienced by the average employee in Mr. Hatcherson's field.
Prior Back Injury was the Predominant and Major Cause of the Perivascular Event
The second prong of the statute requires the claimant to prove by clear and convincing evidence that his physical work stress or exertion, and not some other source of stress or pre-existing condition, was the predominant and major cause of the heart-related or perivascular injury , illness or death. In Diebold's second assignment of error, it contends that the WCJ erred in concluding that claimant's pulmonary thromboembolism was work related. Diebold contends that the testimony of the physicians as well as the testimony of Mrs. Hatcherson and the Diebold representative, Ron Shepherd, all prove the work-related accident and work activities of Mr. Hatcherson had nothing to do with the pulmonary thromboembolism. Diebold further contends that Mr. Hatcherson's perivascular injury was the result of two non-work related conditions: specifically, venous insufficiency and a significant overweight condition.
Dr. Kinchen testified in deposition that the decrease in mobility experienced by Mr. Hatcherson due to his work related lumbar herniated disc could cause or contribute to the development of the pulmonary thromboembolism which ultimately caused his death. Mrs. Hatcherson testified that, except for time spent traveling, the majority of her husband's work after the June 5, 1996 accident was performed by him in bed and/or on the floor at home. When travel was required, Mrs. Hatcherson testified she would drive. Diebold's own employee admitted that some meetings were moved to Mr. Hatcherson's house because Mr. Hatcherson was unable to attend. His pain was so severe that he was not able to attend physical therapy or make his scheduled doctor's appointments after December 11, 1996.
Mrs. Hatcherson testified that her husband's pain and immobility increased in the last six weeks of his life. He ate all of his meals on the floor and did his work-related duties while lying on the floor. His wife bathed him while he lay on the floor and he was forced to use a bedpan. Mrs. Hatcherson also testified that after the accident and especially in the last month of his life, her husband was virtually immobile, lying on the floor sixteen to eighteen hours a day.
Dr. Ernest Kinchen, Mr. Hatcherson's treating physician, did not find that Hatcherson suffered from venous insufficiency or neuropathy in the lower extremities. Dr. Kinchen found that Mr. Hatcherson exhibited no problems with circulation and had good strong pulses down to his feet. Dr. Kinchen also noted Mr. Hatcherson had no heart or lung problems. Dr. Kinchen testified that a very heavy person such as Mr. Hatcherson who curtails his activity to the extent Mr. Hatcherson had curtailed his, will increase the likelihood that a clot or embolism will form in the extremities. A pulmonary thromboembolism is a condition in which the pulmonary arteries are obstructed with a clot or thrombosis from another source in the body, and the clot travels into the lungs and blocks the pulmonary artery. When the pulmonary artery is blocked it causes the patient to die. In his deposition, Dr. Kinchen also noted that obesity and extended bed rest are both risk factors for pulmonary thromboembolisms and that the risk increases proportionately in an obese patient such as Mr. Hatcherson.
Diebold relies heavily on the testimony of Dr. Bruce Iteld, a board certified expert in the field of cardiovascular medicine. Dr. Iteld testified that the lower back injury was not the pr
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