Rains v. Ford Motor Co.

282 S.E.2d 346, 158 Ga. App. 808, 1981 Ga. App. LEXIS 2427
Court of Appeals of Georgia·Decided May 12, 1981·No. 61102·Published·Cited by 2 cases

Opinions

Birdsong, Judge.

Workers’ Compensation. The Administrative Law Judge (ALJ) and the State Board of Workers Compensation awarded compensation based significantly on aggravation of preexisting gynecological and urological conditions, and the employer Ford Motor Co. appealed to the superior court. The employer apparently convinced the trial judge that there was no competent evidence in support of that part of the administrative award, as that is what he held in reversing it. The claimant appeals the order of the trial court. Held:

We reverse. The evidence shows that in the second or third week' of October, 1977, the claimant, who was working on “drive-out” at Ford Motor Co., slipped in a puddle of oil, water and anti-freeze. As she described it, “my feet flew up in front of me and I threw my arm back to throw my fall, and when I did, it did something to my shoulder and the muscles and the tendons and I landed on my [tail bone].” She was immediately taken to the hospital but the next day she reported to work, although drugged and in pain. Until January, 1978, she worked intermittently, sometimes so “doped up” she did not even remember being at work. She reported to the company doctors that her shoulder and back hurt; they treated her by injecting cortisone in her arm and administering other drugs. Her last day at Ford was in January, 1978. Thereafter, she entered Clayton General Hospital with complaints of bleeding through the rectum and vagina, severe lower abdominal pain with nausea, vomiting and symptoms of urinary tract infection, and blood in her urine since her fall three months earlier. She twice spent several days in the hospital in traction and a brace. She was diagnosed by one orthopedic surgeon as having a herniated disc, by another as having “acute lower back syndrome.” Other doctors (urologists) treated her for bladder [809] problems, but on a recurrence of her symptoms she was referred to a gynecologist in March, 1978. The gynecologist reported that at this time the claimant was having problems with the bladder, a ruptured rectocele (fiber separating the rectum from the vagina), and recurring stress urinary incontinence. She had difficulty in voiding and would lose urine when she would stand, stoop, or cough. She required manual manipulation in order to have a bowel movement. This gynecologist eventually performed several operations, including one which required 22 stitches in the rectum, 28 in the vagina, and 18 down her stomach. After these operations, the claimant’s pain and other symptoms persisted and increased. She cannot work. She cannot sit for long periods but must get up or lie down. Sexual intercourse is painful, urination is painful, bowel movements are painful, and she feels a “lump” in her rectum. She had had another operation just prior to the administrative hearing, and traveled to the hearing with a registered nurse whose presence was required because vaginal bleeding might require impaction.

The claimant testified that she had had minor “normal” bladder problems before; 16 years earlier she had had a hysterectomy and several years before the fall had had a hemorrhoidectomy. During her hospital and doctors’ visits from January through March, 1978, it was discovered that she had two mild congenital spine defects, and was treated for various urological problems and gynecological problems. She told each of these doctors, as to what had happened to her, that she had had a fall at work.

The problem arising from the extensive and complex evidence in this case is that the claimant has been treated by nearly as many physicians as she has had ailments, nearly every physician arrived at a different diagnosis, and generally each specialist confined his diagnosis to the limits of his specialty. It cannot be disputed that the claimant did have certain pre-existing medical problems; but it is also undisputed that the claimant had not been aware of or significantly treated for any such problems prior to the fall, and that they manifested themselves in force only after the fall.

The administrative law judge plainly found: “I am of the opinion and find in fact that while claimant had many non-job related problems in the bladder and gynecological area, I find that the fall on claimant’s coccyx area so aggravated her numerous other problems as to render her totally disabled to work commencing on January 13, 1978. While the weight of the medical evidence shows that claimant did not become disabled as a result of the fall but rather from other medical problems not related to the fall, I am of the opinion and find in fact that claimant [has shown] that her present disability is sufficiently related to the fall to conclude that there was an [810] aggravation to such an extent as to render her disabled. . . .” (Emphasis supplied.) While this wording is rather carefully convoluted, its meaning is clear, and we do not agree with the employers’ interpretation that the administrative law judge found “that the appellant became disabled, not as a result of the fall, but rather as a result of ‘medical problems not related to the fall,’ [and]... found the appellant totally disabled as a result of these other conditions” (latter emphasis supplied.) We disagree, moreover, with the characterization of some of the evidence by the employer, and find that when the evidence is carefully and independently analyzed, not only is there competent evidence to support the administrative law judge’s award but we think the administrative law judge need not have been so strained to find that the claimant’s injury on the job aggravated any pre-existing medical problems and that the fall rendered her totally disabled.

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Rains v. Ford Motor Co., 282 S.E.2d 346, 158 Ga. App. 808, 1981 Ga. App. LEXIS 2427 (Ga. Ct. App. 1981).

282 S.E.2d 346 (Rains v. Ford Motor Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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