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Grover C. Dils Medical Center v. Menditto6/9/2005
d as to the progressively worsening nature of her post-accident pain, which apparently increased, but did not change, with her work duties, but she was unable to recall anything that she had done that specifically caused the worsened pain. She also admitted that she had catered some of her statements to the doctors, overplaying the two incidents, and that at least one of the doctors' reports incorrectly indicated that her pain had subsided and did not interfere with her daily functions.
The appeals officer, however, found that Menditto's testimony at the hearing was not credible and instead purported to rely on "the recitation of facts contained within the early medical reporting." The appeals officer concluded that Menditto's condition had worsened since claim closure and had been "aggravated" by the February and April 2001 work-related incidents. Therefore, the appeals officer determined that Dils Medical is responsible for Menditto's claim under the last injurious exposure rule. The district court denied Dils Medical's subsequent petition for judicial review, and Dils Medical appeals.
DISCUSSION
In the context of an appeal from a district court order denying a petition for judicial review of an administrative decision, this court examines the administrative decision for clear error or abuse of discretion. While we independently review purely legal determinations, the appeals officer's fact-based conclusions of law are entitled to deference and will not be disturbed if they are supported by substantial evidence. Substantial evidence is "that 'which a reasonable person might accept as adequate to support a conclusion.'" Nor will this court substitute its judgment for that of the appeals officer as to issues of credibility or the weight of the evidence. Our review is limited to the record before the appeals officer.
Here, the appeals officer's determination that Menditto's 1997 industrial condition had physically worsened, warranting additional compensation , is clearly supported by substantial evidence. Consequently, the main issue on appeal is whether the appeals officer properly held Menditto's subsequent employer, Dils Medical, instead of her previous employer, Olsten, responsible for Menditto's worsened condition under the last injurious exposure rule.
The Last Injurious Exposure Rule
In successive injury/successive employer cases, the last injurious exposure rule places full liability upon the carrier covering the risk at the time of the most recent injury or aggravation of a prior injury that bears even a slight causal relation to the disability. But "if the subsequent injury is merely a recurrence of the first, and does not contribute even slightly to the causation of the disabling condition, the [carrier] covering the risk at the time of the original injury remains liable for the subsequent injury." Thus, determining which employer will be held liable for a subsequent injurious condition depends on whether the subsequent injury is characterized as a new injury, an aggravation of a prior industrial injury, or a recurrence of a prior industrial injury, as defined under the rule. A new injury or an aggravation of the prior injury is the responsibility of the most recent employer. A mere recurrence remains the responsibility of the former employer.
The appeals officer's characterization of the injury, in light of the facts, medical evidence and circumstances, is a fact-based conclusion of law entitled to deference. In this instance, no party contends, and no evidence demonstrates, that Menditto's most recent disabling condition is unrelated to her 1997 accident or was contributed to by a new and separate injury. Accordingly
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