Mountain States Casing Services v. McKean, 20508
Decision Date | 23 August 1985 |
Docket Number | No. 20508,20508 |
Citation | 706 P.2d 601 |
Parties | MOUNTAIN STATES CASING SERVICES and/or State Insurance Fund, Plaintiffs, v. Jerry L. McKEAN and Industrial Commission of Utah, Defendants. |
Court | Utah Supreme Court |
Mary A. Rudolph, Salt Lake City, for plaintiffs.
K. Allan Zabel, Salt Lake City, for defendants.
Plaintiffs challenge an Industrial Commission order to pay the hospital expense resulting from an accident to the hand of defendant Terry L. McKean, who was employed by Mountain States Casing Service. We affirm the award.
The facts surrounding McKean's injuries are undisputed by the parties. On January 8, 1982, while McKean was working for Mountain States Casing at an oil well drilling job, his right arm was severed just below the elbow by the drilling machinery. Impressive medical surgery succeeded in reattaching the arm, and the limb was saved. However, McKean lost the function of and feeling in his arm and hand, and subsequent operations were required to restore them. McKean continued to receive additional medical treatment and physical therapy to attempt to regain the maximum possible usefulness of and feeling in the limb. The State Insurance Fund paid temporary total disability benefits and all medical expenses, except for an approximate $1,000 bill incurred in April 1982, which is now the focus of this proceeding.
During his recovery process, McKean was advised by his doctor that feeling sensations should grow back gradually in the right hand but, if necessary, additional surgery would be undertaken to improve the nerve sensations to the extent possible. His doctor further instructed him to use the hand as much as possible in daily activities to restore use and mobility. McKean was aware of the loss of sensation in his right hand, but testified that its condition improved after the accident. Some feeling had returned to parts of his hand, and he was optimistic that the improvement would continue.
On or about April 6, 1982, three months after his accident, McKean was working around his home in Shoshone, Idaho, in normal day-to-day activities that included repairing a steam radiator in the home, installing an exhaust header in his car, and cooking his meal on a hot-plate stove. When McKean retired that evening, he noticed no problem with his right hand. But when he arose the next morning, he observed a large blister on this right thumb extending from the thumbnail to the knuckle. Defendant had no knowledge of precisely when this further damage was sustained or whether it was caused by any of these specific activities.
McKean sought medical treatment for the blister and was hospitalized on April 13, 1982, with severe second degree burns on his right hand. Following treatment for the burns, McKean was released on April 19, 1982. Plaintiffs denied liability for the medical expenses, claiming that the April 6 injury was unrelated to the original accident and McKean was negligent in not protecting his hand from burns, thereby precluding any recovery.
Initially, it must be observed that in this proceeding McKean does not claim additional compensation benefits under U.C.A., 1953, § 35-1-45, as amended, but only payment of the medical expense incurred. U.C.A., 1953, § 35-1-81, as amended. Once a compensable injury occurs, there is no limitation as to the time during which all medicals resulting from that injury will continue to be paid. And, because the obligation of the employer to pay ongoing medical expenses continues, a subsequent aggravating injury arising therefrom does not relieve the employer of the obligation to bear the medical expense attributed to the injury. U.S. Fidelity and Guaranty Co. v. Industrial Commission, Utah, 657 P.2d 764 (1983); Kennecott...
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Wash. Cnty. Sch. Dist. v. Labor Comm'n
...we clarify that under the direct and natural results test we adopted when interpreting the Workers' Compensation Act in Mountain States Casing Services v. McKean,1 the compensable workplace injury must be a significant contributing cause of the subsequent non-workplace injury. We remand to ......
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Wash. Cnty. Sch. Dist. v. Labor Comm'n
...Mr. Brown's 2007 injuries arose “out of and in the course of [Mr. Brown's] employment.” See id. ¶ 22 In Mountain States Casing Services v. McKean, 706 P.2d 601 (Utah 1985) (per curiam), the Utah Supreme Court considered whether an injury arose out of and in the course of employment even tho......
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McKesson Corp. v. LABOR COM'N
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