Charles Campbell v DISH Network
Release Date: Oct. 7, 2021 (Accident date: 12/5/2018)
Venue: Dade County
Summary: Commission 2-1 award upholds temporary award to treat C7 radiculopathy with fusion following accident while moving a ladder.
Inj. No. 18-109984
Cast
Mahon, ALJ
Potter, atty
Larimore, atty
Olive
Bernardi
Discussion: Claimant's expert contends the accident was so severe to cause a new radiculopathy from the load of the ladder, and found prior imaging of the studies of the cervical spine did not identify the same condition. The ALJ essentially found claimant a had a new medical condition (radiculopathy) despite prior degeneration, citing Randolph County v. Moore-Ransdell, 446 S.W.3d 699, 706 (Mo. App. W.D. 2014). The dissent noted the accident could have triggered symptoms, but there were no new changes.
The dissent noted claimant's spinal condition was more advanced for his age so it was not "normal" and notes claimant's delay in obtaining treatment for 3 months and capacity to work during progressive symptoms further demonstrated the lack of any severe, acute event.
Claimant's expert contends the medical condition was c7 radiculopathy and prior degenerative disc disease was not a medical condition. "Dr. Olive’s opinion, and the ALJ’s award based upon that opinion, hinge on the untenable assertion that the condition and the disability are the same thing: C7 radiculopathy. "This reading would render § 287.020.3(1), which specifically refers to the medical condition and the disability as two separate entities, meaningless."
