Smith v. Henry C. Smithers Roofing Co.

771 N.E.2d 1164, 2002 Ind. App. LEXIS 1100, 2002 WL 1461962
CourtIndiana Court of Appeals
DecidedJuly 9, 2002
Docket93A02-0112-EX-808
StatusPublished
Cited by5 cases

This text of 771 N.E.2d 1164 (Smith v. Henry C. Smithers Roofing Co.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Henry C. Smithers Roofing Co., 771 N.E.2d 1164, 2002 Ind. App. LEXIS 1100, 2002 WL 1461962 (Ind. Ct. App. 2002).

Opinion

OPINION

MATHIAS, Judge.

Bobby L. Smith ("Smith") was employed by Henry C. Smithers Roofing ("Smithers Roofing") and injured in an automobile accident while acting within the seope of his employment. He was unable to return to work after the accident and Smithers Roofing's worker's compensation insurer paid temporary total disability benefits to Smith for over two years. The insurer terminated disability and medical benefits when it learned that Smith had a preexisting medical condition' that was possibly responsible for his continuing health problems.

Smith subsequently filed an Application for Adjustment of Claim with the Worker's Compensation Board ("the Board"). After a hearing was held, one Board member issued an award in favor of Smithers Roofing finding that Smith had suffered only soft tissue injuries as a result of the accident and his continuing health problems were due to his pre-existing condition. After reviewing the hearing member's award, the full Board adopted and affirmed that decision. Smith appeals and we find the following issue to be dispositive: whether the hearing members findings were stated with sufficient specificity to permit mtelhi gent appellate review.

We reverse and remand for proceedings consistent with this opinion.

Facts and Procedural History

On March 7, 1995, Smith had completed a job for his employer, Smithers Roofing, and was returning to the office while driving a company truck when he was rear-ended. As a result of the impact of the accident, Smith's head struck the rear window of the truck, which caused the window to break. Smith was taken to the Methodist Hospital emergency room where he complained of pain in his neck and back. He was x-rayed and examined, then released without being hospitalized. He was told to take ibuprofen for pain and to see his family doctor if his pain continued.

Three days later, Smith was examined at the St. Joseph Hospital emergency room in Kokomo, Indiana, for continuing pain. X-rays taken of his spine showed evidence of osteoarthritis 1 and Smith was instructed to apply heat to his lower back and take ibuprofen for the pain. Appellant's App. p. 25. When Smith continued to complain of pain in his lower back, his family physician referred him to Dr. J ohn Beghin, an orthopedist specializing in the care and treatment of the back. Dr. Be-ghin diagnosed Smith as having severe degenerative dise disease 2 in the lumbar spine and prescribed a course of physical therapy, but released Smith to return to *1166 work without restrictions, although he ree-ognized that Smith's activities could be limited by the pain he was experiencing. 'Appellant's App. pp. 29-80. However, Smith's family physician determined that while Smith could go back to work, he could lift nothing greater than fifteen pounds and could not climb, all of which are requirements for a roofer. Appellant's App. pp. 27-28.

Smith underwent a course of physical therapy for three months and was treated by Dr. Choi, an orthopedic surgeon in Kokomo. Dr. Choi prescribed Lortab and Valium, placed Smith in a cervical collar and a lumbosacral support, and determined that Smith could not return to work. Appellant's App. p. 88. During this time, Smith's pain did not abate, but actually worsened and spread to his hips, legs, and shoulders. In August, 1995, Smithers Roofing's worker's compensation insurer referred Smith to Dr. Michael Coscia of Orthopedics Indianapolis for further treatment.

When Dr. Coscia examined Smith, Smith complained of tenderness in both shoulders, pain in his spine, right buttock pain, and pain radiating down the back of his left thigh into his foot. X-rays revealed that Smith had advanced degenerative changes in the head of the femur in his right hip, cervical spondylosis with severe chronic strain, and lumbar spondylosis. 3 Appellant's App. p. 88. Dr. Coscia recommended a spinal decompression to relieve the pain radiating into Smith's foot and to relieve the stenosis 4 caused by the degenerative changes in Smith's spine. Dr. Cos-cia referred Smith to Dr. Dean Maar for treatment of his hips and to Dr. Sanford Kunkel for treatment of his shoulder eom-plaints.

While Smith was being treated for the pain in his back, shoulders, and leg, doctors discovered that Smith was suffering from avascular necrosis, which is a disease resulting from the temporary or permanent loss of the blood supply to the bones. Due to the lack of blood supply, the bone tissue dies and causes the bone to collapse. 5 Smith also suffers from hemoglobin SC disease, a type of sickle cell disorder where the individual has two abnormal hemoglobins. Individuals with SC disease usually develop chronic eye, bone, and/or kidney problems. 6

Dr. Maar found avascular necrosis present in both of Smith's hips and elected to perform a surgical procedure on each hip where he drilled holes in the head of both femurs in the hip joints in an attempt to improve blood flow, which if successful, would result in regeneration of the bone in both hips. The procedure was successful in the left hip, but not the right hip, which showed continuing degeneration of the femoral head, and Smith's pain continued. Therefore, Dr. Maar performed a total hip *1167 replacement of Smith's right hip. Appellee's App. p. 43.

Dr. Kunkel's examination of Smith's shoulders revealed that he was suffering from avascular necrosis of the head of the humerus bone in both the left and right shoulders and Dr. Kunkel found evidence of other degenerative changes in the shoulder joints. When other more conservative treatment failed, Dr. Kunkel recommended and performed joint replacements of both of Smith's shoulders. Appellant's App. pp. 44-47.

Due to his continuing pain and medical problems, Smith has never been able to return to work. Smithers Roofing's worker's compensation insurer paid temporary total disability benefits to Smith for one hundred and nine (109) weeks at a weekly rate of $428.00 in addition to certain medical expenses. Appellee's App. p. 64. However, when the insurer was informed that Smith's continuing medical treatment was possibly the result of his SC disease and avascular necrosis, which were conditions existing before the accident, it terminated disability and medical benefits. Smith then filed an Application for Adjustment of Claim with the Worker's Compensation Board.

On September 13, 2000, a hearing was held before hearing judge John Rader. Evidence introduced at the hearing included the depositions of Smith, Dr. Coscia, Dr. Maar, and Dr. Kunkel, as well as medical records of other physicians who treated Smith. On December 22, 2000, Rader entered an award in favor of Smith-ers Roofing finding that Smith suffered only soft tissue injuries as a result of the accident and that Smith's continuing health problems were due to his pre-exist-ing conditions. Smith then filed an Application for Review by the Full Worker's Compensation Board. After a hearing held on October 28, 2001, the Full Board adopted and affirmed Rader's decision. Smith appeals.

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Bluebook (online)
771 N.E.2d 1164, 2002 Ind. App. LEXIS 1100, 2002 WL 1461962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-henry-c-smithers-roofing-co-indctapp-2002.