ESTENSON LOGISTICS v. HOPSON

2015 OK CIV APP 71, 357 P.3d 486, 2015 Okla. Civ. App. LEXIS 65, 2015 WL 5664279
CourtCourt of Civil Appeals of Oklahoma
DecidedAugust 20, 2015
Docket113,572,
StatusPublished
Cited by6 cases

This text of 2015 OK CIV APP 71 (ESTENSON LOGISTICS v. HOPSON) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ESTENSON LOGISTICS v. HOPSON, 2015 OK CIV APP 71, 357 P.3d 486, 2015 Okla. Civ. App. LEXIS 65, 2015 WL 5664279 (Okla. Ct. App. 2015).

Opinion

BRIAN JACK GOREE, Presiding Judge.

11, Petitioners, Estenson Logistics and National Interstate Insurance Company (collectively Employer), seek review of an order of the Workers' Compensation Commission which affirmed the decision of its administrative law judge (1) finding that Respondent Ray Vinson Hopson (Claimant) sustained a compensable injury and (2) granting authorization for surgery. Pursuant to 85A O.S. Supp.2013 § 78(C), we review the Commission order under the deferential standard of review applicable to (administrative agency decisions. We hold the order is neither in excess of the Commission's statutory authority nor clearly erroncous in view of the reliable, material, probative, and substan’mal competent ev1dence "

I.

Background

T2. The parties agree that Claimant had degenerative joint disease for which hip replacement surgery had been advised. However, Claimant chose to delay the hip surgery as long as he could, and was able to continue working. He walked independently with a small limp, and satisfactorily performed his job duties loading, unloading, and driving trucks for Employer. On February 6, 2014, he slipped on ice inside a truck. Four days later he went to the emergency room complaining of hip pain. The hospital records indicated that Claimant had "chronic changes of the left hip" with a "superimposed acute comminuted fracture of the left femoral head."

T3 Claimant followed up with an orthopedist who opined that Claimant already had post collapse osseous necrosis of the left hip before his fall, but that there was likely "some degree of exacerbation that happened with the fall," He opined that Claimant needed total hip replacement surgery in order to get "good predictable pain relief."

{4 Employer's evaluating doctor opined that Claimant had resolved any exacerbation and had no permanent anatomic abnormality resulting from the accident. Claimant's evaluating doctor opined that Claimant had *488 "acute traumatic injury to the left hip resulting in anatomical abnormalities due to ... possible previous injury and/or avascular necrosis and a superimposed acute comminuted fracture of the femoral head." He noted that prior to the fall, Claimant was asymptomatic and able to work with no restrictions. He opined that the employment-related accident was the major cause of Claimant's comminut-ed fracture of the left femoral head.

15 After an evidentiary hearing on Claimant's request for compensation and authorization for treatment, the ALJ entered an order making extensive findings of fact and conclusions of law. Citing Dr. Mitchell's finding of "some degree of exacerbation," the historical medical records, Claimant's testimony, and the opinion of Claimant's evaluating doctor, the ALJ concluded that there was a clearly identifiable and significant aggravation of Claimant's pre-existing condition so as to overcome the exclusion of pre-existing conditions from compensable injuries under 85A O.S. Supp.2013 § 2(9)(b)(6). In addition, the ALJ found that the presence of acute fractures overcame the exelusion for strain or degeneration resulting from the degenerative process under § 2(9)b)(5). The ALJ directed Employer to provide reasonable and necessary care, including surgery, to Claimant, as well as temporary total disability compensation.

T6 Employer requested that the Commission review the ALJ's order. The Commission affirmed the ALJ's decision, and Employer appeals from that order.

IL.

Standard of Review

T7 The Legislature recently converted the workers' compensation system in Oklahoma from judicial to administrative by adopting the Administrative Workers' Compensation Act. Laws 2013, c. 208. In doing so, the Legislature implemented the following standard of judicial review for Commission decisions:

The Supreme Court may modify, reverse, remand for rehearing, or set aside the judgment or award only if it was:
1. In violation of constitutional provisions;
2. In excess of the statutory authority or jurisdiction of the Commission;
3. Made on unlawful procedure;
4. Affected by other error of law;
5. Clearly erroneous in view of the reliable, material, probative and substantial competent evidence;
6. Arbitrary or capricious;
7. Procured by fraud; or
8. Missing findings of fact on issues essential to the decision.

85A O.S. Supp.2013 § 78(C).

[8 This standard of review is substantially the same as that provided for the judicial review of final agency decisions in individual proceedings under the Administrative Procedures Act (APA), 75 O.S.2011 § 322(1). Therefore, we are guided by case law under the APA in understanding our role in appeals from the Commission. On review of an administrative decision, we may only disturb the decision if one of the statutory grounds is shown. Young v. State ex rel. Dep't of Human Servs., 2005 OK CIV APP 58, ¶12, 119 P.3d 1279, 1284. We are not entitled to substitute our judgment for that of the ageney as to the weight of the evidence on fact questions. Id. On fact issues we will examine the record only to determine if the evidence supportive of the order possesses sufficient substance as to induce a conviction as to the material facts. Union Texas Petroleum v. Corp. Com'n of State of Okl., 1981 OK 86, ¶31, 651 P.2d 652, 662.

III

Analysis

T9 Employer's first contention is that the Commission erred in finding Claimant sustained a compensable injury. A compen-sable injury is "damage or harm to the physical structure of the body ... caused solely as the result of either an accident, cumulative trauma or occupational disease arising out of the course and seope of employment." 85A O.S. Supp.2013 § 2(9)(a). It does not include "any strain, degeneration ... resulting from the natural results of ... degenerative process including ... degenerative joint disease....", or "any preexisting condition *489 except when the treating physician clearly confirms an identifiable and significant aggravation incurred in the course and seope of employment." 85A O.S. Supp.2013 § 2(9)(b)(5) and (6). Employer argues the Commission's finding of compensability is clearly erroneous because it is inconsistent with the medical evidence and is contrary to law because the treating physician did not confirm an identifiable and significant aggravation incurred in the course and seope of employment.

110 Claimant had pre-existing degenerative joint disease in his left hip. Therefore, in order for an injury to his hip to be compensable, Claimant had to show that there was physical damage or harm caused by an on-the-job accident and that his treating physician confirmed an identifiable and significant aggravation. - Claimant's emer-geney room records serve as substantial, competent evidence that he fractured his left femoral head into multiple pieces.

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ESTENSON LOGISTICS v. HOPSON
2015 OK CIV APP 71 (Court of Civil Appeals of Oklahoma, 2015)

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Bluebook (online)
2015 OK CIV APP 71, 357 P.3d 486, 2015 Okla. Civ. App. LEXIS 65, 2015 WL 5664279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estenson-logistics-v-hopson-oklacivapp-2015.