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Norris v. Coastal Transport5/3/2005
nd enigma. Thus, although cases involving "slipped" or ruptured discs continue to provide livelihood for the compensation lawyer, they remain the anathema of the orthopedic and neurosurgeon, not only because of the difficulties of treatment but also because it is . . . extremely difficult at times to sort out the complaints due to injury from those of nontraumatic origin.
In light of the continuing medical difficulty in determining the etiology of intervertebral diseases and injuries, this Court is not disposed to modify the holding in Gillikin.
Click, 300 N.C. at 168, 265 S.E.2d at 391 (internal citations and quotation marks omitted). The Court did, however, recognize "the possibility that a disc injury case may arise in the future wherein the facts are so simple, uncontradictory, and obvious as to permita finding of a causal relationship between an accident and the injury absent expert opinion evidence." Id. at 168, 265 S.E.2d at 391-92.
The Supreme Court held in Click that the disc injury at issue there did not present such a case. At the hearing, the employee testified that he was struck in the back by a cart, resulting in severe pain that worsened until he was forced to remain in bed. Other statements of the employee suggested, however, that he may have injured his back while picking something up at home. The Court held: "Although [the employee's] testimony tended to link the herniated disc with the accident at his work place, other evidence in the case suggested that his injury was caused by an occurrence at his home. In the absence of guidance by expert opinion as to whether the accident could or might have resulted in his injury, the Commission could only speculate on the probable cause of his condition." Id. at 169, 265 S.E.2d at 392.
This case is materially indistinguishable from Click. While plaintiff testified that he injured his back when tangled in the tarps, he told Dr. Oh that he did "not recall any particular injury " that led to the back pain he was experiencing in February 1999. Medical records contain no mention of pain arguably related to the back until January 1999 and from that date through February 1999, doctors reached tentative diagnoses of kidney stones or a hernia. Only in March 1999, four months after the accident, did Dr. Oh diagnose a herniated disc.
Because of the conflicting reports, the passage of time, andthe varying medical diagnoses, this is not an "'uncomplicated situation'" that can be resolved without expert opinion. Id. (quoting Uris v. State Comp. Dep't, 247 Or. 420, 426, 427 P. 2d 753, 756 (1967)). Since the record contains no expert opinion to support the Commission's finding that plaintiff's herniated disc was caused by his 9 November 1998 accident, we reverse.
Reversed.
Judges WYNN and TYSON concur.
Report per Rule 30(e).
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