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Arkansas Trucking Services5/10/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Appellee Williams Suggs sustained a compensable injury to his back when he slipped and fell as he was getting into his truck on March 18, 1996. He underwent surgery in September 1997 after an ALJ decided that he was entitled to the additional medical treatment. However, appellee continued to complain of pain in his hips subsequent to the back surgery and was diagnosed as having bilateral avascular necrosis which would require a total hip replacement. Appellant contested responsibility for this surgery, but the ALJ determined that appellee's condition was causally related to the 1996 compensable injury and that the hip replacement surgery was reasonably necessary. The Commission affirmed and adopted the ALJ's findings. Appellant argues that there is no substantial evidence to support the Commission's decision. We disagree and affirm.
While employed as a truck driver for appellant, appellee slipped on his truck's step and fell backwards on March 18, 1996. An MRI confirmed a herniated disc and degenerative disc disease. Appellee's medical records indicated that he complained of lower back and right lower extremity pain. At Dr. C.C. Alkire's recommendation, appellee underwent a lumbar laminectomy in September 1997. Following the surgery, appellee continued to complain of pain in his right lower extremity and right thigh and said that he had difficulty walking. Dr. Alkire recommended a follow-up MRI which revealed no evidence of recurrent herniation or spinal stenosis. However, in August 1998, appellee was diagnosed with avascular necrosis of the hips which would eventually require surgery. Dr. Lowery Barnes conducted an independent medical evaluation and confirmed the diagnosis and also opined that total hip replacement would be necessary. In addition, Dr. Barry Green indicated that appellee would eventually require surgery on his hips.
After examining the medical records, the Commission noted that appellee's bilateral hip avascular necrosis may have pre-existed his compensable injury but that the accident aggravated his condition. Although Dr. Barnes failed to state an opinion on any causal connection and Dr. Alkire relied on appellee's history and complaints in stating that the avascular necrosis was related to the injury, Dr. Green clearly explained that appellee's 1996 injury caused damage to the femoral head of his right hip which was weakened by the pre-existing avascular necrosis that caused appellee's current symptomology. The Commission thus found that appellee's bilateral hip avascular necrosis was causally related to his compensable injury. The Commission also found that the total hip replacement surgery was reasonably necessary since none of appellee's doctors suggested that such treatment was not reasonable nor necessary.
Appellant argues that appellee's bilateral hip avascular necrosis is not causally related to his compensable back injury. Appellant maintains that, had the Commission considered Dr. Alkire's opinion in its entirety, it was clear that Dr. Alkire felt that it was unlikely that trauma of the magnitude appellee experienced in 1996 caused the avascular necrosis. Dr. Barnes, who had indicated that steroids were a risk factor for avascular necrosis of the hips, was unaware of the extent of appellee's steroid therapy administered by Dr. Alkire. Appellant maintains that the Commission gave undue weight to medical evidence which relied on an inaccurate medical history provided by appellee. Appellant points out that appellee failed to reveal to his doctors the fact that he had sustained an injury in 1993 which was initially diagnosed as a lumbar strain. Appellant contends that appellee's complaints
Page 1 2 Arkansas Personal Injury Attorneys
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