 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Board of Public Works v. Greener5/25/2005
Date Submitted: February 17, 2005
Dear Counsel
This is the Court's decision regarding the the Board of Public Works of the City of Lewes' appeal of the Industrial Accident Board's decision granting Claimant, Lance M. Greener's Petition to Determine Additional Compensation Due. For the reasons set forth herein, the Board's decision is affirmed.
STATEMENT OF THE CASE
The Claimant, Lance M. Greener ("Greener") was injured in a compensable work-related accident on March 11, 1998. He was employed with the Board of Public Works of the City of Lewes ("BPW") as a wastewater operator for a treatment plant. His duties included taking samples, doing laboratory work and checking pumps. During the course of his employment with BPW, Greener was exposed to chlorine and sulfur dioxide fumes apparently released from malfunctioning water treatment equipment. Due to his exposure, Greener developed a chronic lung condition, for which he was compensated by BPW.
To treat his lung injury, Greener's doctor prescribed him a regimen of corticosteroids beginning in March and April of 1998. Some time after, Greener developed a hip injury, avascular necrosis ("AVN") of the left femoral head, which required him get a hip replacement on December 3, 2000. On April 12, 2004, Greener filed a Petition to Determine Additional Compensation Due, seeking payment for his medical expenses and permanent impairment benefits for his hip problems. Greener claims the corticosteroids caused his injury. BPW says the injury is not work-related and was caused instead by long-term alcohol use.
A hearing was held on August 27, 2004 before the Industrial Accident Board ("the Board"). The Claimant presented the deposition testimony of Dr. Stephen J. Rodgers ("Dr. Rodgers"), who opined that Greener's AVN was caused by his use of corticosteroids. Dr. Jeffrey S. Meyers' ("Dr. Meyers") deposition testimony was proffered by BPW. He believed that Greener's AVN was caused by long-term alcohol use. Both doctors agreed that Greener had a fifty percent permanent impairment to his lower left extremity. The Claimant also briefly testified about his work, the medications he had been on, and that he had been consuming alcohol on a regular basis for twenty-eight years.
The Board concluded that Greener had met his burden of showing a causal connection between the AVN and the steroids he took to treat the lung injury. It accepted the testimony of Dr. Rodgers over that of Dr. Meyers. In addition, the Board found Greener to be credible and accepted his testimony regarding his alcohol consumption and medication use. It noted that Greener's consumption of around three to four beers a day over the past twenty-eight years was not excessive. The Board awarded Greener permanent impairment benefits for a fifty percent permanent impairment to the left lower extremity. BPW has appealed that decision. At issue is whether there was substantial evidence to support the Board's decision that the steroid treatment for the lung injury caused Greener's AVN.
DISCUSSION
The Supreme Court and this Court repeatedly have emphasized the limited appellate review of the factual findings of an administrative agency. The function of the reviewing Court is to determine whether the agency's decision is supported by substantial evidence, and to review questions of law de novo. Johnson v. Chrysler Corp., 312 A.2d 64, 66-67 (Del. 1965); General Motors v. Freeman, 164 A.2d 686, 688 (Del. 1960); In re Beattie, 180 A.2d 741, 744 (Del. Super. Ct. 1962). Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Oceanport Ind. v. Wilmington
Page 1 2 3 4 Delaware Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|