Edmonds v. Fresenius Medical Care

600 S.E.2d 501, 165 N.C. App. 811, 2004 N.C. App. LEXIS 1524
CourtCourt of Appeals of North Carolina
DecidedAugust 17, 2004
DocketCOA03-1044
StatusPublished
Cited by24 cases

This text of 600 S.E.2d 501 (Edmonds v. Fresenius Medical Care) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edmonds v. Fresenius Medical Care, 600 S.E.2d 501, 165 N.C. App. 811, 2004 N.C. App. LEXIS 1524 (N.C. Ct. App. 2004).

Opinions

CALABRIA, Judge.

Fresenius Medical Care (“defendant”) appeals from an opinion and award of the North Carolina ■ Industrial Commission (the “Commission”), awarding Elizabeth Edmonds (“plaintiff’) workers’ compensation benefits for a work-related injury that occurred on 6 February 1998. We affirm.

Plaintiff, formerly a director of nursing for defendant, sustained a compensable back injury when she tried to prevent a file cart from overturning. In order to treat plaintiff’s injury, plaintiff underwent various surgical procedures and was placed on numerous medications, including morphine administered through a surgically-placed internal pump and oral non-steroidal anti-inflammatory drugs (“non-steroidals”). Plaintiff was evaluated as having a twenty-five percent permanent partial disability rating to her back and as being capable of light duty work. Nonetheless, because of continuing pain and the morphine pump, plaintiff was unable to operate a motor vehicle to travel to and from work.

Further evidence presented to the Commission showed that plaintiff was diagnosed as an insulin-dependent Type I diabetic in 1978. In addition to her diabetes, plaintiff is also hypertensive. Creatinine levels in plaintiff’s urine jumped from a normal level of .7 in December of 1997 prior to the compensable injury to an abnormally high level of 1.2 in October 2001 after treatment of her compensable injury with the non-steroidals. Dr. W. Patrick Burgess (“Dr. Burgess”), an internist and nephrologist, explained that the increasing creatinine levels in plaintiff’s urine indicated reduced renal function.

Plaintiff filed for workers’ compensation benefits for back and urological injuries due to the accident on 6 February 1998. Although defendant initially admitted plaintiff’s right to compensation, on 22 May 2001, defendants requested a hearing on whether termination of benefits was proper on the grounds that suitable employment had been found for plaintiff. In plaintiff’s response, plaintiff requested a “determination if [plaintiff’s] diabetes, urological and other conditions have been caused or aggravated by the injury at work and treatment, and whether defendants are responsible.”

[813]*813In an opinion and award filed 23 August 2002, the deputy commissioner concluded defendant failed to prove plaintiff unjustifiably refused suitable employment and plaintiff failed to prove the non-steroidals taken during treatment of her compensable back injury worsened her kidney problems or was the cause of any decrease in her renal function. Both parties appealed, and in an order filed 5 May 2003, the Commission affirmed the deputy commissioner’s conclusion regarding whether plaintiff unjustifiably refused suitable employment. However, the Commission went on to conclude, based in part on the deposition testimony of Dr. Burgess, that plaintiff had “proved by the greater weight of the evidence that the non-steroidal medications taken by plaintiff because of her compensable back injury worsened or exacerbated her pre-existing kidney problems.” Defendant appeals.

On appeal, defendant asserts the Commission erred in concluding plaintiffs pre-existing kidney problems were worsened or exacerbated by the non-steroidals taken as part of her treatment for the compensable back injury. Specifically, defendant contends the Commission’s reliance on Dr. Burgess’ deposition testimony is misplaced for a number of reasons, including (1) that his opinion regarding medical causation failed to rise to the level of a reasonable degree of medical certainty, was hypothetical and based on assumptions regarding dosage and timing of the non-steroidals and (2) that there were other possible sources other than the non-steroidals that could have caused plaintiff’s kidney problems. In short, defendant argues Dr. Burgess’ testimony amounted to nothing more than mere speculation which was not sufficiently reliable to rise to the level of competent evidence upon which the Commission’s finding of fact, that the non-steroidals taken by plaintiff worsened her kidney problems, could be predicated.

In reviewing the Commission’s opinion and award, this Court is limited to determining “(1) whether the Commission’s findings of fact are supported by any competent evidence in the record; and (2) whether the Commission’s findings justify its conclusions of law.” Goff v. Foster Forbes Glass Div., 140 N.C. App. 130, 132-33, 535 S.E.2d 602, 604 (2000). “ ‘[T]he findings of fact of the Industrial Commission are conclusive on appeal when supported by competent evidence, even though there be evidence that would support findings to the contrary.’ ” Adams v. AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998) (quoting Jones v. Myrtle Desk Co., 264 N.C. 401, 402, 141 S.E.2d 632, 633 (1965)).

[814]*814The employee bears the burden of establishing that his worker’s compensation claim is compensable. Holley v. ACTS, Inc., 357 N.C. 228, 231, 581 S.E.2d 750, 752 (2003). Where there exists a reasonable relationship between the injury and the employment, the injury is compensable as work-related. Id. “[T]he [employee] must prove that the accident was a causal factor [of the injury] by a ‘preponderance of the evidence!.]’ ” Id., 357 N.C. at 232, 581 S.E.2d at 752 (quoting Ballenger v. ITT Grinnell Indus. Piping, Inc., 320 N.C. 155, 158-59, 357 S.E.2d 683, 685 (1987)). The competency of expert opinion testimony for determinations of causation in complicated medical questions (or those questions above the layman’s ordinary experience and knowledge) turns on whether the opinion is based on mere speculation or conjecture. Young v. Hickory Bus. Furn., 353 N.C. 227, 230, 538 S.E.2d 912, 915 (2000). If the opinion is based on mere speculation or conjecture, it is not sufficiently reliable to constitute competent evidence. Id. Thus, in Holley, our Supreme Court explained that such expert opinion testimony must “ ‘take the case out of the realm of conjecture and remote possibility’ ” in order to constitute “ ‘sufficient competent evidence tending to show a proximate causal relation’ ” between the injury and the work-related accident. Holley, 357 N.C. at 232, 581 S.E.2d at 753 (quoting Gilmore v. Hoke Cty. Bd. of Educ., 222 N.C. 358, 365, 23 S.E.2d 292, 296 (1942)). 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. Id., 357 N.C. at 233, 581 S.E.2d at 753.

In the instant case, the Commission found, in relevant part, as follows:

Given the evidence of record that renal failure can occur in individuals with a short exposure history to non-steroidal anti-inflamatories, and Dr.

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Edmonds v. Fresenius Medical Care
600 S.E.2d 501 (Court of Appeals of North Carolina, 2004)

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Bluebook (online)
600 S.E.2d 501, 165 N.C. App. 811, 2004 N.C. App. LEXIS 1524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edmonds-v-fresenius-medical-care-ncctapp-2004.