Meyers v. Electro-Static Finishing, Inc.

230 N.W.2d 24, 303 Minn. 508, 1975 Minn. LEXIS 1563
CourtSupreme Court of Minnesota
DecidedApril 18, 1975
Docket44771
StatusPublished
Cited by5 cases

This text of 230 N.W.2d 24 (Meyers v. Electro-Static Finishing, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyers v. Electro-Static Finishing, Inc., 230 N.W.2d 24, 303 Minn. 508, 1975 Minn. LEXIS 1563 (Mich. 1975).

Opinions

Scott, Justice.

Employee-relator seeks review of a decision of the Workmen's Compensation Commission denying her compensation on the basis that she did not sustain a personal injury which aggravated a preexisting condition. The commission found that employee “suffered a manifestation of continuing symptoms” of an injury occurring 4 years earlier in an automobile accident completely unrelated to her employment. We reverse.

In May of 1968, employee was involved in an automobile accident which resulted in loss of work for 1 week. She was able to return to her employment, but was forced to leave in September 1968, for medical reasons unrelated to the accident. Settlement of the personal injury claim arising out of the accident occurred in March 1972.

On August 17, 1972, employee commenced employment with respondent, working the second shift. Her job essentially involved the packing of finished products to be sent to companies ordering them. Specifically, she would take a finished product off a conveyor belt, wrap it and box it, and put it on a skid which was taken to the back room from which the products were shipped. The articles varied in volume and weight up to a maximum of approximately 20 pounds. Employee stated that the work was basically light and that she was able to complete it without any trouble or “bother.”

[510]*510A special order came in for doors which employee described as awkward and weighing about 20 pounds. Initially, she was not required to do any pushing, pulling, or lifting, but rather was required to guide the finished doors through an opening near the conveyor. Later on the same day she did lift various doors into packing crates. The entire procedure involved twisting, turning, lifting, pushing, and pulling. The next day, employee apparently experienced headaches and pain in her neck and back. Despite this, she did report to work that day and did other packing which was not as strenuous. She has not reported to work since then. Her claimed work-related injury manifested itself initially in her upper back, through the right shoulder, and down to the finger tips. This incident took place approximately 2 weeks after she commenced employment with respondent.

The issue presented is whether the commission was correct in finding: “That the employee did not sustain a personal injury on said date nor at any other time pertinent hereto, which can be said to have aggravated a pre-existing condition into continuing difficulty.”

This case presents a very novel factual situation. A portion of the medical testimony of several of the physicians related back to the time of the automobile accident in 1968. Dr. Lumir C. Proshek indicated that he consulted with employee on January 4, 1971, December 6, 1971, and on March 6, 1972. During those examinations, employee’s symptoms were basically similar, with concentrated pain in the thoracic lumbar area and the posterior neck, and complaints of rather constant occipital headaches. The doctor testified that as late as March 6, 1972, the employee had complained of the same problems, which allegedly were aggravated by her employment in August.of 1972. Dr. Proshek concluded that Mrs. Meyers suffered from a “ [p] rimarily extension flexion injury with subsequent development of cervical disc disease with radiculitis and headaches.” The employee’s testimony was that the pain1 and numbness disappeared in March 1972, shortly after her settlement of the automobile accident [511]*511case, and then returned a mere 2 weeks after commencing employment with respondent.

Dr. Meyer Z. Goldner who examined employee on December 20,1971, after viewing and hearing of similar symptoms as those recorded by Dr. Proshek, concluded: “Her symptoms have persisted now in varying degrees of intensity for over three and a half years and I believe are of a permanent nature.”

Dr. Kobert A. Wengler, an associate of Dr. Goldner, had occasion to examine employee at Mt. Sinai Hospital on September 27, 1972. At that time she told the doctor that she had thrown “her neck and back out” on August 30, 1972, at respondent’s plant. Dr. Wengler also noted the presence of symptoms similar to those exhibited on other occasions, as stated above, including neck pain radiating into her right arm. Based upon a hypothetical question, Dr. Wengler concluded that “the event of August 30, 1972 precipitated acute recurring disc syndrome and necessitated the hospitalization and current lay-off of her work activity.” When questioned as to whether this event would have been a substantial factor in her present condition, Dr. Wengler responded that it was a “significant aggravation of the underlying problem that she had prior to this.”

Dr. Thomas H. Comfort, an orthopedic surgeon, examined employee at the request of the employer on November 30, 1972. He testified that it was medically reasonable to assume that there might have been an aggravation of her condition as a result of her work activities in August. However, he held the opinion to a reasonable degree of medical certainty that she had a 20-percent permanent partial disability, but that “none of that permanency was a result of the work activity at Electro-Static.”

Therefore, both the factual and medical evidence evolve only into a question of temporary total disability and not permanent partial disability. Without doubt, the medical evidence supports, and employee concedes, that the permanent partial disability exhibited at the present time was present before her employment [512]*512with respondent. The only question then to resolve is whether there was an aggravation of the preexisting condition.

The compensation judge found that the employee “sustained a personal injury to the cervical neck, consisting of an aggravation of a pre-existing cervical spine condition arising out of and in the course of her employment.” Apart from the distinctly opposite memoranda accompanying the findings of the judge and the commission, the only difference in their findings is in the area of causation of aggravation of the preexisting condition.

Respondent challenges employee’s credibility by stressing the fact that she did not report any injury until September 19, but rather called twice between August 31 and September 19 to explain her absence, the first time because she had car trouble and the second time because she was ill. Respondent also questions employee’s testimony concerning the fact that her previous physical difficulties completely vanished after the settlement of her automobile accident claim in March. These matters were explored during cross-examination, and employee explained that she feared that because of her preexisting condition respondent would dismiss her if she gave the true reason for being absent and that she believed that her condition would rectify itself. Respondent further asserts that employee’s statement to Dr. Wengler that she “threw her neck and back out” lacks specific factual support to establish that any injury occurred at work. Concerning this statement, employee insists that she did incur these injuries at work. The nature of this evidence dwindles in importance because the record discloses no evidence of incidents other than her employment which could cause this aggravation.

The parties are therefore in basic agreement as to the facts. The evidence indicates that when the employee commenced work on August 17,1972, she had no physical problems. When she was first examined by Dr.

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Meyers v. Electro-Static Finishing, Inc.
230 N.W.2d 24 (Supreme Court of Minnesota, 1975)

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Bluebook (online)
230 N.W.2d 24, 303 Minn. 508, 1975 Minn. LEXIS 1563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyers-v-electro-static-finishing-inc-minn-1975.