ALJ AVERY GRANTS CLAIMANT COMPENSATION FOR PERMANENT TOTAL DISABILITY

Kenneth L.Dixon v. Huntington Ingalls Inc.
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Excerpts

In this case, the parties have stipulated that Claimant injured his chest wall in a

work related accident on July 28, 2009. However, Employer suggests that the automobile
accident Claimant was involved in on September 14, 2009, is an independent intervening
injury. If there has been a subsequent non-work-related injury or aggravation, the
employer is liable for the entire disability if the second injury is the natural or
unavoidable result of the first injury; however, where the second injury is the result of an
intervening cause, the employer is relieved of liability for that portion of the disability
attributable to the second injury.

Plappert v. Marine Corps Exchange, 31 BRBS 13, 15(1997),

aff’d 31 BRBS 109 (en banc), citing Merril v. Todd Pacific Shipyards Corp., 25

BRBS 140 (1991); Bailey v. Bethlehem Steel Corp., 20 BRBS 14 (1987).

Where there is no evidence of record which apportions the disability between the two injuries it is appropriate to hold employer liable for benefits for the entire disability.

Plappert v.Marine Corps Exchange

31 BRBS 13, 15 (1997), aff’d 31 BRBS 109 (en banc); Bass v. Broadway Maintenance, 28 BRBS 11, 15-16 (1994).

Conclusion

There is no evidence presented that Claimant suffered a worsening of his chest

pain after the automobile accident, nor that it overpowered or nullified the chest

conditon resulting from Claimant’s July 28, 2009 workplace accident. Claimant

complained of pain at the automobile accident scene, according to the police report.

However, in Dr. Shaw’s reports before and after the car accident, Claimant did notcomplain of worsened pain, only a continuation of his already-existing symptoms. At

most Claimant experienced a temporary exacerbation of his pre-existing chest wall injury. He never complained of or sought treatment for any additional injuries as a result

of this car accident. Therefore, it has been established that Claimant suffered a

compensable workplace injury on July 28, 2009, for which Employer remains liable.