Ross v. Hilton

931 P.2d 1366, 113 Nev. 228, 1997 Nev. LEXIS 25
CourtNevada Supreme Court
DecidedJanuary 30, 1997
DocketNo. 27712
StatusPublished
Cited by3 cases

This text of 931 P.2d 1366 (Ross v. Hilton) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ross v. Hilton, 931 P.2d 1366, 113 Nev. 228, 1997 Nev. LEXIS 25 (Neb. 1997).

Opinion

[229]*229OPINION

By the Court,

Springer, J.:

Disposition of this workers’ compensation controversy turns on an interpretation of NRS 616.50185(1).1 This statute provides that a claimant is not entitled to compensation if (1) the claimant suffers from a “preexisting condition” that is not connected to employment and (2) the worker’s compensation claim under consideration is one which aggravates, precipitates or accelerates the “preexisting condition.” Additionally, the statute provides an exception to the stated rule of non-coverage which allows coverage (even when there is aggravation, precipitation or acceleration of a preexisting condition) when the industrial accident out of which the claim arose is the primary cause of the resulting disability. Stated another way: a worker’s compensation claimant who has a preexisting ailment or disability is not entitled to compensation for an industrial accident that merely worsens or “aggravates” an already-present ailment or illness, unless the claimed disability was primarily caused by the injury rather than by the preexisting condition.

[230]*230Application of the cited statutory rule of ineligibility for compensation and its “primary cause” exception raises two issues. First it must be determined whether a preexisting condition has been aggravated, precipitated or accelerated by an industrial injury. If that is found to be the case, then a second question arises, namely, which of the two, the aggravated preexisting condition or the subsequent work-connected injury, is the “primary cause” of the disability. In the present case, it is really not necessary to consider the primary cause exception because it is clear that when the claimant fell at work he sustained a completely new injury and a trauma that cannot possibly be called an aggravation, precipitation or acceleration of a preexisting condition.

The claimant suffered a fall at the workplace, falling forward on the right side of his face, injuring his right eye, his knee and back. The specific injury to his eye was the displacement of a previously implanted intraocular lens and a detached retina. The eye injury suffered in the fall was repaired surgically. Although the self-insurer allowed compensation for the other injuries, it refused to compensate the claimant for the eye injury. The hearing officer granted the claim; however, an appeals officer reversed the holding of the hearing officer, ruling that the “self-insured employer properly denied coverage of the right eye condition as a part of the claim.” The district court denied judicial review, and the claimant appeals. We now order the judgment of the district court reversed and the matter remanded with instructions that the claim relating to the eye injury be granted.

In applying the statute to the present case, the threshold consideration is whether the claimant’s work-connected fall on his face can properly be said to have “aggravate[d], precipitate[d] or accelerate[d] ” some “preexisting condition.” If it were concluded that there was no such aggravation, precipitation or acceleration of a preexisting condition, there would, of course, be no call for us to consider the exception and inquire into whether the injury or the preexisting condition was the primary cause of the present disability. We do conclude that the fall did not aggravate, precipitate or accelerate a preexisting condition; but, nevertheless, we do discuss briefly the primary cause exception.

The employer contends that the claimant, by reason of his previous cataract surgery, had a “weakened condition” of his right eye.

All of the medical evidence in this case shows that the claimant’s lens dislocation and retinal detachment were caused by and [231]*231were “secondary to” the fall. According to Jarl C. Nielsen, M.D.: “It is most probable that this patient’s unfortunate fall caused the dislocation to the intraocular lens and prolapse of vitreous into the anterior chamber. This in turn caused vitreoretinal traction, creating the retinal tear which led to his retinal detachment.” (Letter dated August 25, 1994.)

Even the Hilton’s physician, R. T. Moore, M.D., noted: “It is evident to me that there has been trauma to the right eye associated with the findings” (i.e., lens dislocation, vitreous prolapse and lens detachment). The claimant experienced a trauma that caused objectively verifiable injuries to his right eye, requiring surgical repair. Even if we were to accept Dr. Moore’s opinion that the damage to the claimant’s injured eye was “related to two factors,” both the fall and the “somewhat weakened condition [of] the eye” attendant to the previous cataract surgery, one certainly cannot conclude the blow to the claimant’s right eye “aggravate^], precipitate[d] or accelerate[d]” the “somewhat weakened condition [of] the eye.”

Common dictionary definitions of the three terms are as follows:

aggravate: “to make worse, more serious, or more severe; to produce inflammation in” Webster’s 3rd New International Dictionary 41 (1976);

precipitate: “to cause to move or act very rapidly; to cause to happen or come to a crisis suddenly, unexpectedly or too soon; to fall or come suddenly into some condition” Id. at 1784;

accelerate: “to bring about at an earlier point in time; to hasten the ordinary progression or development of’ Id. at 10.

The only part of the statutory definition that is remotely relevant to this case is that of “aggravation].” It is easy to see, however, that the trauma to the claimant’s eye here did not “worsen” a weakened condition; the blow to the eye was an independent trauma to the eye that caused rather than aggravated the claimant’s eye injuries and necessitated the surgical reattachment of the claimant’s retina. The damage caused by the blow may, as Dr. Moore tells us, have been in some way “related to” the weakened condition; but this is not the same as saying that the injuries the claimant suffered worsened any condition that was created by his having had a previous cataract surgery. The cataract surgery did not, obviously, cause the detached retina, even if it might be related in some way to the detachment. To say that a weakened eye caused the trauma to the claimant’s eye would be much like saying that lacerations to an eye resulting from a punch were caused by the victim’s wearing eye-glasses.

Dr. Moore opined that had the “patient not had cataract sur[232]*232gery with an implant, the fall would probably not have created a retinal detachment.” Taking the foregoing example of eye lacerations further, one could just as readily say that the lacerations were “related to” the wearing of eye-glasses but that the injuries were “caused by” the trauma, the blow to the face. One could also say, of course, that if the hypothetical victim had not been wearing eye-glasses, the punch would probably not have resulted in lacerations. Dr. Moore’s statement that were it not for the surgery, the eye injuries suffered in the fall would probably not have resulted falls far short of saying that the cataract surgery caused the eye injuries suffered by this claimant.

Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
931 P.2d 1366, 113 Nev. 228, 1997 Nev. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-hilton-nev-1997.