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Longe v. Hawkins Construction Co.3/15/2005
Longe's] work duties at Hawkins and especially related to the duties he was required to perform in August and September of 2000 after he was released to light duty activities." Dr. Treves opined:
Longe suffers from very severe arthritis at the C3-4, C4-5 and C5-6 levels of his neck with buil up of bone spurs as well as degeneration of discs causing pinching of the nerves to the right, more so than left side. . . . I believe the progression of this arthritic condition has hastened secondary to the heavy nature of . . . Longe's work. His work environment has led to worsening of pain in his neck and shoulders with radiation of pain into the right upper extremity, culminating in the surgical decompression done 3-30-01. . . . My working diagnosis was severe cervical spondylosis C3-4, C4-5 and C5-6 with bilateral neuroforaminal narrowing resulting in neck and shoulder discomfort as well as a right upper extremity cervical spondylotic radiculopathy.
. . . In my medical opinion, the repetitive injury to . . . Longe's neck in his work environment, Hawkins . . ., led to development of severe arthritis at several cervical levels resulting in neck and bilateral shoulder pain . . . .
Though we all develop arthritis in our necks over time, I believe . . . Longe's condition was worsened through the course of his employment performing heavy labor and there was significant exacerbation of his symptoms due to the work he performed.
Dr. Dean Wampler examined Longe and reviewed Longe's medical records in order to provide an independent medical evaluation. Dr. Wampler opined that " he alleged incident giving rise to this evaluation has n indistinct date." He further stated:
The findings of the MRI scan show severe and far advanced degenerative cervical disc disease and cervical arthritis. In spite of the multiple disc protrusions noted, there is nothing that would suggest an acute process that might stem from an injury in July or August of 2000. All of the abnormalities typical of advanced degenerative disease.
For all of the reasons stated, it is impossible for me to state with reasonable medical certainty that an injury event occurred to . . . Longe's neck in the year 2000 or any other time. His advancing symptoms noted in the medical record are most consistent with the advancement of his known cervical disease. . . . There was evidence in the medical records of cervical pain that was persistent or recurrent as far back as 1998.
(Emphasis omitted.)
PROCEDURAL BACKGROUND
On June 6, 2001, Longe filed a petition in the Workers' Compensation Court alleging that "on or about July 1, 2000, [Longe] sustained personal injury as the result of an accident or occupational disease" arising out of and in the course of his employment with Hawkins. He alleged that "in performing his duties was driving trucks and opening valves when a pain was felt in his neck which resulted in the need for medical treatment and the interruption of employment." Hawkins denied that Longe sustained injuries as the result of an accident or occupational disease arising out of and in the course of his employment. Hawkins also denied receiving notice of the accident and injuries alleged to have occurred on July 1. On July 17, 2002, following a trial, the compensation court trial judge issued an order awarding Longe compensation benefits. The trial judge found that although the petition alleged an injury date of July 1, 2000, Longe was not working on such date, because he was not released to return to work until August 14. The trial judge found that because Hawkins claimed no surprise or prejudice when Longe testified that the injury occurred in Augu
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