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Concepcion v. Lear Corp.10/11/2005
Opinion Vote: AFFIRMED.
White Hardwick, P.J., and Breckenridge, J., concur.
Opinion:
Lear Corporation and its insurer, Zurich North America Insurance Company, appeal the Labor and Industrial Relations Commission's award of workers' compensation to Espire Concepcion. They complain that the Second Injury Fund should be contributing to the workers' compensation awarded to Concepcion because, contrary to the commission's finding, his permanent disability did not result solely from an injury suffered while working for Lear.
The commission's decision awarding Concepcion workers' compensation is supported by competent and substantial evidence and is not contrary to the overwhelming weight of the evidence. We affirm the decision.
Concepcion was working for Lear as a machine operator, when, on March 3, 1999, he injured his left ring finger. A physician splinted the finger and prescribed pain medication. Concepcion refused the doctor's suggestion that a wire be inserted into the finger to keep it straight. As a result, Concepcion was unable to straighten the finger, and he suffered pain and weakness in his hand. Concepcion did not miss any work because of the injury. Concepcion performed his usual work duties by compensating with his right hand.
Concepcion's psychiatrist opined that this injury triggered a chronic pain syndrome. In a separate workers' compensation claim, the commission determined that Concepcion's finger injury was a permanent partial disability of 20 percent.
Two months later, on May 3, 1999, Concepcion suffered a herniated disc in his lower back while lifting a heavy bag at work. He underwent a laminectomy and diskectomy. After missing three months' work because of this injury, Concepcion returned to light duty at Lear. Lear terminated his employment three months later because he could not meet productivity expectations. He experienced severe back pain, which required him to lie down frequently, and could not perform most of his previous duties.
In addition to causing him pain, his back injury triggered severe depression. Although Concepcion had some pre-existing psychological conditions--including a dependent personality and chronic pain syndrome--which predisposed him to depression and heightened his complaints of pain, his back injury markedly increased these conditions. Sharp back pain prevented him from engaging in normal, daily activities such as driving his car, bathing, and playing with his grandchildren.
Concepcion filed for workers' compensation benefits. After a hearing, the commission's administrative law judge determined that Concepcion's May 3 back injury totally and permanently disabled him. The administrative law judge did not rule on the issue of benefits for future medical treatment. Lear appealed to the commission, which ruled that the administrative law judge's decision was supported by substantial and competent evidence, but it modified the award to add benefits for future medical treatment.
Lear and Zurich appeal the commission's decision. They do not dispute that Concepcion is totally and permanently disabled, but they challenge the commission's finding that Concepcion's permanent and total disability resulted solely from his May 3 back injury. They argue that, because pre-existing conditions contributed to Concepcion's disability, the Second Injury Fund should pay a portion of Concepcion's disability. Lear also argues that the commission erred in awarding benefits for future medical treatment.
In reviewing Lear's and Zurich's appeal, we must examine the whole record and determine whether or not the commission's award was supported b
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