AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a worker who experienced two separate work-related accidents while employed at Thunderbird Supply Co. The first accident occurred in November 2008, and the second in July 2010. The worker sustained a shoulder injury from the first accident, which was further complicated by the second accident. The insurer disputed the causal connection between the worker's disability and the first accident, arguing that the second accident contributed to or caused the injury and disability.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Worker-Appellee: Argued that the disability was solely caused by the first work-related accident in November 2008, and that the second accident in July 2010 did not contribute to or cause the injury or disability.
• Employer/Insurers-Appellants: Contended that the worker's disability was not solely caused by the first accident and that the second accident either caused or contributed to the worker's injury and disability.

Legal Issues

• Whether the worker's disability was solely caused by the first work-related accident in November 2008.
• Whether the second work-related accident in July 2010 contributed to or caused the worker's injury and disability.

Disposition

• The workers’ compensation judge’s ruling that the worker's second work accident did not cause or contribute to the worker's shoulder injury from the first work accident was affirmed.

Reasons

• The Court of Appeals, with Judge Linda M. Vanzi authoring the memorandum opinion, and Judges James J. Wechsler and Michael D. Bustamante concurring, affirmed the workers’ compensation judge's (WCJ) decision. The court applied a whole record standard of review, affirming the WCJ's determination that the worker's disability was solely caused by the first accident in November 2008, and that the second accident in July 2010 did not contribute to or cause the injury or disability. This conclusion was supported by expert testimony from Dr. Babinski, who opined that the worker's shoulder injury, including a rotator cuff tear requiring surgical repair, was causally related to the first accident. Dr. Babinski also stated that the second accident only caused a temporary flare-up that did not materially change the nature of the worker's shoulder injury. The court noted that it was within the WCJ's prerogative to weigh conflicting evidence and to rely on Dr. Babinski's assessment over other medical opinions. The evidence, including MRI results, supported the WCJ's conclusion that the worker's shoulder injury was causally related only to the first accident (paras 2-7).