Work-related injury finding affirmed

Where claimant, who had pre-existing back issues, suffered an injury at work, the Virginia Workers’ Compensation Commission correctly weighed the competing medical evidence when it concluded that the injury was work-related rather than the result of pre-existing conditions.

Pre-existing condition aggravated

“The city of Richmond, Tucker’s employer, argued that Tucker’s back problems after the accident were the result of pre-existing conditions.

“In order for an injury to be compensable under the Workers’ Compensation Act, ‘a claimant must prove that the cause of his injury was an identifiable incident or sudden precipitating event and that it resulted in an obvious sudden mechanical or structural change in the body.’ …

“[T]here is credible evidence in the record that supports the Commission’s finding that Tucker sustained a compensable injury to his back and spine as a result of the May 12, 2020 accident.

“Tucker testified that his past back-related issues resolved before the accident and that the accident caused new symptoms, specifically Tucker had ‘spasms running down’ his legs.

“As the Commission observed, Dr. Crowl reviewed the 2020 MRI of Tucker’s lumbar spine, Dr. Crowl performed surgery on Tucker, and Dr. Crowl then opined that the accident accelerated and aggravated his pre-existing lumbar spine degenerative disc disease.

“In addition, Dr. Crane opined that the results of the 2020 MRI of Tucker’s lumbar spine differed from the results of a previous MRI of Tucker’s lumbar spine from 2016.

“Tucker’s testimony regarding his symptoms before and after the accident, Dr. Crowl’s extensive involvement in Tucker’s medical treatment, Dr. Crowl’s medical opinions on Tucker’s lower back, and Dr. Crane’s admission that Tucker’s 2020 MRI differed from his previous MRI in 2016 [but that there were no changes to Ticker’s spine] all constitute credible evidence in the record that support the Commission’s finding that Tucker sustained compensable injuries to his back and spine because of the accident.

“Consequently, we cannot say that the Commission erred in finding that Tucker suffered a lower back injury as a result of the May 12, 2020 accident.”

Affirmed.

City of Richmond v. Tucker, Record No. 1207-22-2, Sept. 26, 2023. CAV (unpublished opinion) (Beales) From the Virginia Worker’s Compensation Comm’n (Laura K. Drewry, Deputy City Attorney; Richmond City Attorney’s Office, on brief), for appellant. Appellant submitting on brief. (Kenneth Brent Jones; Corey R. Pollard; Jenkins, Block & Associates, PC, on brief), for appellee. Appellee submitting on brief. VLW 023-7-375, 8 pp.