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Spano v. Mail Contractors of America11/15/2005
, and the Commission's "findings of fact are conclusive on appeal if supported by competent evidence even though there is evidence to support a contrary finding." Murray v. Associated Insurers, Inc., 341 N.C. 712, 714, 462 S.E.2d 490, 491 (1995). The Commission's conclusions of law, however, are reviewed de novo. Griggs v. Eastern Omni Constructors, 158 N.C. App. 480, 483, 581 S.E.2d 138, 141 (2003).
Defendants assert Dr. Kramer's testimony, the only expert testimony received regarding medical causation, "did not in any way establish proximate causation between [plaintiff's] back problems and any specific traumatic incident sustained in the course and scope of his employment" with MCA. "In cases involving 'complicated medical questions far removed from the ordinary experience and knowledge of laymen, only an expert can give competent opinion evidence as to the cause of the injury.'" Holley v. ACTS, Inc., 357 N.C. 228, 232, 581 S.E.2d 750, 753 (2003) (quoting Click v. Pilot Freight Carriers, Inc., 300 N.C. 164, 167, 265 S.E.2d 389, 391 (1980)). Our Supreme Court has previously held that the cause of a herniated disc is a complicated medical question ordinarily requiring expert testimony. Gillikin v. Burbage, 263 N.C. 317, 325, 139 S.E.2d 753, 760 (1965); see also Click, 300 N.C. at 168, 265 S.E.2d at 391. Expert testimony that an injury possibly (i.e. "could" or "might" have) resulted from an accident or specific traumatic incident is insufficient to prove causation, especially where other evidence shows the testimony to be guesswork or speculation; however, expert testimony that aninjury "likely" resulted from an accident or specific traumatic incident constitutes competent evidence to support a finding of causation. Accord Cannon v. Goodyear Tire & Rubber Co., __ N.C. App. __, __, 614 S.E.2d 440, 446-447 (2005); Edmonds v. Fresenius Med. Care, 165 N.C. App. 811, 814, 600 S.E.2d 501, 504 (2004) ("Where the expert's opinion is that there 'could' or 'might' be a causal relationship, it is admissible if helpful for purposes of showing medical causation; however, it is not sufficiently reliable to constitute competent evidence of medical causation, especially if additional evidence suggests such testimony was merely a guess"), rev'd per curiam on other grounds, 359 N.C. 313, 608 S.E.2d 755 (2005)).
In the instant case, the evidence adduced through the testimony of Dr. Kramer indicated that plaintiff suffered from a degenerative disc disorder. When asked as to the origin of plaintiff's bulging and ruptured vertebral discs, Dr. Kramer affirmed that he had no information or knowledge from which he could say "there was any other origin of [plaintiff's] back problems . . . other than a degenerative [disc] process." Dr. Kramer further affirmed that he could not "distinguish whether or not . . . the [bulging and ruptured] discs came from a specific incident or from the degenerative disc disease[.]" Dr. Kramer admitted that no information presented to him indicated "that any of the problem . . . in [plaintiff's] back from any other source [than the long-term deterioration process.]" In fact, the only evidence Dr. Kramer provided in his deposition regardingmedical causation of plaintiff's injury was that plaintiff's job duties on 25 October 2001 were "a type of behavior which could lead to the disc bulges which were noted on [plaintiff's] MRI[.]"
Based on this statement by Dr. Kramer, the Commission made a single finding of fact: "Dr. Kramer testified that the plaintiff's job duties that he completed during his shift on the night in question were the types of actions that could cause the plaintiff's back problems." While this finding accurately sets forth Dr. Kramer's opinion, that opinion pro
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