YARBRO CONSTRUCTION COMPANY v. Griffith

1974 OK 39, 521 P.2d 75, 1974 Okla. LEXIS 292
CourtSupreme Court of Oklahoma
DecidedMarch 26, 1974
Docket46556
StatusPublished
Cited by8 cases

This text of 1974 OK 39 (YARBRO CONSTRUCTION COMPANY v. Griffith) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
YARBRO CONSTRUCTION COMPANY v. Griffith, 1974 OK 39, 521 P.2d 75, 1974 Okla. LEXIS 292 (Okla. 1974).

Opinion

SIMMS, Justice:

Respondent, hereafter claimant, suffered accidental injury while engaged in covered employment with petitioners. A trial judge entered an order awarding compensation for permanent partial disability (50%) to body as a whole, and 55 weeks temporary total compensation. This award was affirmed on en banc appeal and petitioners perfected this proceeding for review.

On February 26, 1970, claimant, employed as a laborer, fell ten feet from a stack of lumber onto a heavy timber injuring his chest and right rib cage. When taken to a clinic; claimant was examined by Dr. R. for possible fracture of 5th and 7th ribs on right lateral side, advised there *76 were cracked ribs which were bandaged, given pain pills, and sent home to rest. Because of swelling and pain in the side and back, claimant returned to Dr. R. and after examination was referred to a specialist, Dr. S. This physician removed the bandage, and took x-rays, and advised there were bruised rib tissues and claimant should remain off work a few days.

After examination March 3rd, this physician reported claimant had suffered soft tissue injury of right lateral chest wall resulting in temporary disability to date, but with minimal medication should be able to resume full activity in near future without any permanent disability from injury.

Although suffering pain in rib area, lower body, and back, claimant returned to employment March 12th and continued work as a laborer. Claimant was seen by Dr. R. on May 11th, and referred to Dr. Sm., a thoracic specialist, who ascertained existence of tumor of anterior right rib. The physician reported the tumor unquestionably antedated injury. Claimant was admitted to Deaconess Hospital in May for excision of tumor on anterior right 8th rib, diagnosed as solitary plasmacytoma. After discharge from hospital, claimant was seen by Dr. Sm., pain pills were prescribed, claimant advised to remain at home and referred to Dr. B. who, with Dr. Suk., administered three weeks course of cobalt treatment. Thereafter, claimant was checked regularly by Dr. Sm., advised not to lift anything, and remained off work seven months. Still suffering pain in rib area and back, and unable to sleep, claimant attempted to resume work for petitioner but was laid off.

In March, 1971, claimant began work for a Norman contractor as a cement finisher, but was unable to stand erect because of pain and had to work crawling on his knees. About May 15th, claimant sustained a knee injury, which required treatment and drainage of fluid on three occasions in a Norman Clinic, but recovered and returned to work. In September, claimant fell about 10 feet, striking his back side and hip, and was examined but not treated by a specialist. Claimant left this contractor’s employe, returned to Dr. Sm. and was sent to Dr. B., who hospitalized claimant on September 28th for further cobalt treatments.

Claimant again was hospitalized November 26th for intensive treatment and surgical procedures until discharged January 21, 1972, but continued under observation as an outpatient. During hospitalization, and at various times thereafter, claimant was examined or treated by numerous specialists. After operative biopsy, two consultants reported claimant was suffering from myeloma in left femur and probably tumor of lumbrosacial plexus, and additional radiation therapy had been administered. Dr. B.’s report (May 23, 1972) disclosed the above matters, and also stated claimant continued to experience considerable pain and weakness in left leg, severely limiting ambulation, and was under cyclic chemotherapy. The doctor evaluated claimant’s condition as progressively deteriorating, but stated there was no relationship between myeloma and physical trauma.

Deposition testimony of Dr. C., specialist in oncology and chemotherapy, was introduced by respondents. The physician’s testimony was elicited in answering questions concerning written hypothetical facts relating to circumstances surrounding claimant’s injury, medical history and prognosis. The doctor stated the tumor excised from the 8th rib antedated traumatic injury. The doctor did not believe multiple mye-loma was caused by on the job injury in February, 1970, although cause of multiple myeloma is unknown. Whether the condition could be spread or aggravated by trauma is not known.

Counsel predicated some cross-examination, relative to relationship between trauma and causes, upon authoritative text statement that a question arises in every case whether injury was superimposed upon existent tumor, or simply provides stimulus for onset of malignancy. The text stated there were grounds for accepting ei *77 ther conclusion, but acknowledged relationship between trauma and tumor growth must be accepted since, in a majority of cases, injuries reported preceded the disease. Petitioner’s witness disagreed with the conclusion, although admitting this was a controversial area, and the absence of convincing evidence to establish either hypothesis. Summation of this physician’s testimony was that claimant’s tumor antedated injury, and no reasons are known for dormancy or growth of such tumors, and consensus is that original relationship between trauma and development of a tumor is unproven.

Claimant’s medical evidence included Dr. R. F. R.’s written report answering written hypothetical questions based upon claimant’s injury, ensuing clinical history, and physical condition at date of interrogatory (Feb. 28, 1972). Based upon these facts, this physician was of the opinion dormant plasmacytes present at site of injury were activated and disseminated by trauma and produced tumor which later was excised. Cells disseminated by injury laid dormant in additional areas, and in 1971 sufficient progression occurred from cells disseminated from original lesion that resided in left hip and further plasmacytoma was formed. This second lesion, or tumor, was related to initial injury. Permanent partial disability of 50% to body as a whole resulted from spread of tumor cells from 1970 injury. The doctor stated:

“* * * this man had an injury in February, 1970, and that a plasmacytoma developed in the region of this injury which was removed in May, 1970, and that later in 1971, another lesion composed of plasmacytes was discovered at a distant site, it is my opinion that this man now has multiple myeloma which involves a considerably worse prognosis that a solitary plasmacytoma. It is my opinion that the injury aggravated the tissues causing more rapid development of the initial lesion and causing dissemination into other areas of the body by way of the blood stream and other avenues resulting in multiple implantations and that as of now, one of these areas has produced clinical symptoms. With the appearance of a second lesion, the prognosis involves additional lesions which may be expected to appear in the future. Although I feel that the appearance of additional lesions is a foregone conclusion since they have not, as of this time, given rise to clinical indication, I would base my present estimate of partial permanent disability on the presence of the two lesions which have appeared. It is my impression that the greatest portion of his disability is now a result of the lesion in the hip and my .estimate of permanent partial disability is based on his present condition as indicated from the hypothetical question.”

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Bluebook (online)
1974 OK 39, 521 P.2d 75, 1974 Okla. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yarbro-construction-company-v-griffith-okla-1974.