Southern Iron Works, Inc. v. Wallace, 1358-92-4

• Docket Nº: No. 1358-92-4
• Citation: 16 Va.App. 131, 428 S.E.2d 32
• Case Date: March 16, 1993
• Court: Court of Appeals of Virginia

Page 32

428 S.E.2d 32 16 Va.App. 131 SOUTHERN IRON WORKS, INC. and Home Indemnity Company
v.
Thomas C. WALLACE. Record No. 1358-92-4. Court of Appeals of Virginia. March 16, 1993.

Page 33

[16 Va.App. 132] Edward H. Grove, III, Fairfax (Brault, Palmer, Grove, Zimmerman, White & Mims, on brief), for appellants.

Michael W. Heaviside, Ashcraft & Gerel, Alexandria, on brief, for appellee.

Present: BENTON, BRAY and FITZPATRICK, JJ.

FITZPATRICK, Judge.

Southern Iron Works, Inc. and Home Indemnity Company (Southern) appeal the decision of the Workers' Compensation Commission awarding Thomas Wallace (claimant) temporary total disability compensation pursuant to Code § 65.2-500. Southern challenges the commission's findings that claimant's hip condition was causally related to his prior compensable back injury. Southern argues that the claimant's hip injury is unrelated to the original back injury. In addition, Southern argues that claimant's hip injury resulted from cumulative trauma and, therefore, is not compensable as an injury by accident. We disagree and affirm the commission's decision.

On October 16, 1990, claimant was injured in the course of employment while "turning a steel beam." That same day, claimant was examined in the emergency room of the National Hospital for Orthopaedics and Rehabilitation. The emergency room physician diagnosed the injury as a strain to the lumbar region. On October 18, 1990, claimant returned to the hospital and was examined by Dr. Alexander. Claimant complained of severe pain in his left lower back with radiation down the left leg. Dr. Alexander diagnosed the injury as "acute lumbosacral strain and degenerative arthritis of the left hip."

A Memorandum of Agreement for compensation payment was approved by the commission on December 13, 1990. The award granted temporary total disability benefits from October 24, 1990 through November 25, 1990. In the Agreement, the injury was identified as "acute lumbosacral strain." Although claimant's back injury subsided, his arthritic hip condition continued to prevent him from returning [16 Va.App. 133] to work. On May 13, 1991, Dr. Maurice Cates examined the claimant and found that he was totally disabled from October 18, 1990 as a result of severe osteoarthritis of the left hip.

On July 29, 1991, claimant filed an application for hearing with the commission alleging a change in condition as a result of his earlier back injury. He sought temporary total disability benefits on the basis that the injury to his back aggravated an underlying arthritic condition in his hip. At the hearing, Southern raised the defense that the hip disability...