Mandex, Inc. v. Industrial Com'n of Arizona

729 P.2d 921, 151 Ariz. 567, 1986 Ariz. App. LEXIS 641
CourtCourt of Appeals of Arizona
DecidedOctober 9, 1986
Docket1 CA-IC 3489
StatusPublished
Cited by6 cases

This text of 729 P.2d 921 (Mandex, Inc. v. Industrial Com'n of Arizona) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mandex, Inc. v. Industrial Com'n of Arizona, 729 P.2d 921, 151 Ariz. 567, 1986 Ariz. App. LEXIS 641 (Ark. Ct. App. 1986).

Opinion

OPINION

CONTRERAS, Presiding Judge.

In this review of an Industrial Commission award for a compensable claim, we must determine whether increased symptoms of a pre-existing physical condition which are found to be related to work activity and result in increased medical treatment and disability constitute a compensable injury under Arizona’s Workers’ Compensation law. We conclude that the exacerbation of the pre-existing physical condition is compensable and therefore affirm the award.

In approximately 1970, the respondent employee (claimant), while performing secretarial work involving considerable typing, developed left shoulder pain. She sought treatment from David E. Glow, M.D., who eventually diagnosed her condition as myofascial syndrome or non-articular rheumatism of the shoulder girdle. From the time of that diagnosis, Dr. Glow has periodically treated the claimant for that condition. The claimant eventually left her secretarial job because the myofascial syndrome disabled her from typing.

On September 14, 1983, the claimant was employed by the petitioner employer (Mandex) as its office manager. Prior to accepting employment, the claimant informed her supervisor that she was disabled from typing, and he told her that she would not be expected to do any sustained typing. Despite this assurance, the claimant was required to type as part of her job at Mandex due to a shortage of typists and having to meet deadlines. This typing exacerbated the symptoms of the myofascial syndrome and the claimant returned to Dr. Glow for medical treatment. The symptoms were further aggravated when increases in work load necessitated more typing. The claimant’s pain increased to the point where not only typing caused pain but the day-to-day activities of her job caused pain as well. In *569 addition to shoulder pain, the claimant suffered continual headaches, and neck pain. On September 14, 1984, the claimant, on Dr. Glow’s advice, terminated her employment with Mandex. The claimant filed a workers’ compensation claim, alleging she had sustained an industrial injury. The claim was denied by the petitioner insurance carrier and hearings were held.

Dr. Glow testified that the claimant’s typing at Mandex increased the pain symptoms of her underlying condition and that the exacerbated symptoms required additional medical treatment. Dr. Glow noted that after the claimant terminated her employment with Mandex, her symptoms decreased and she had needed correspondingly less medical treatment.

The administrative law judge found that the claimant’s work-related typing activity of 1983 and 1984 contributed to her pre-existing myofascial syndrome and therefore concluded that claimant had established by a preponderance of the evidence that she had sustained an industrial injury arising out of and occurring in the course and scope of her employment. After affirmance on administrative review, this special action followed.

Petitioners present two issues for review by this court. First, do increased symptoms of a pre-existing condition constitute an injury by accident arising out of and in the course of employment? Second, is an alleged injury purposely self-inflicted when a claimant knowingly performs the injurious activity?

The statutory elements of compensability are an injury by accident arising out of and in the course of employment. See A.R.S. § 23-1021(A). This standard applies despite a pre-existing condition; the employer takes the employee as he or she is. E.g., Division of Vocational Rehabilitation v. Industrial Commission, 125 Ariz. 585, 611 P.2d 938 (App.1980). A claim is compensable if work activity combines with a pre-existing condition to cause a further injurious result. Professional Furniture Service v. Industrial Commission, 133 Ariz. 206, 650 P.2d 508 (App. 1982).

The petitioners first assert that the claimant was not injured because, although typing increased the pain associated with her pre-existing myofascial syndrome, it did not cause the condition. The claimant responds that increased symptoms to her pre-existing condition due to her work activity which required medical treatment constitute a compensable injury. We must determine whether an exacerbation of symptoms of a pre-existing physical condition is a compensable injury.

We find guidance in a recent opinion of this court in which the dispositive question was whether an exacerbation of symptoms of a pre-existing industrially-related impairment constituted a “new injury.” See Industrial Indemnity Co. v. Industrial Commission, 152 Ariz. 195, 731 P.2d 90 (Ariz.App.1986). In that case, the claimant was a carpet layer who suffered an industrial back injury. The back condition remained symptomatic and restricted the claimant to light work as a supervisor. The employer laid off the claimant’s helpers thereby forcing the claimant to do heavier work, including actual carpet installation. The claimant was initially able to control his pain with medication and exercise. Some time later the claimant move a heavy piece of furniture in the process of installing some carpet and was subsequently hospitalized, competely disabled.

The court concluded that the heavier work activity merely heightened the symptoms of the previous back injury but that such an exacerbation was a new injury for purposes of the successive injury doctrine. The hospitalization and additional medical treatment would not have been necessary but for the work activity. Id. at pp. 199-200, 731 P.2d 94-95. The heavier work activity also caused increased disability since the claimant, who had been restricted to *570 light work, became totally disabled. This increased disability was also a compensable consequence of the heavier work activity. Id. at p. 200, 731 P.2d at p. 95.

In the present case, the claimant had a pre-existing physical condition for which she had been receiving treatment for a number of years prior to her employment with Mandex. It is undisputed that claimant’s condition was symptomatic and.that Dr. Glow had treated the claimant from time to time for a number of years. The unexpected frequency with which the claimant had to type combined with her pre-existing myofascial syndrome to increase her pain and symptoms and require additional medical treatment. As in Industrial Indemnity, the unexpected workplace requirements combined with a pre-existing physical condition to cause increased disability.

The chief distinction between Industrial Indemnity and the instant case is that in Industrial Indemnity the pre-existing condition was industrial and arguably, here it was not. This is a distinction that does not make a substantive difference. The same analysis applies to a pre-existing nonindustrial condition. See Industrial Indemnity, supra, at 199,731 P.2d at 94.

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Bluebook (online)
729 P.2d 921, 151 Ariz. 567, 1986 Ariz. App. LEXIS 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mandex-inc-v-industrial-comn-of-arizona-arizctapp-1986.