AP Says Shoulder Strains do not Require Expert Testimony
The appeals panel has issued a decision that holds that a Grade I strain/tear of the rotator cuff need not be proved by expert medical evidence. The appeals panel posted its decision in Appeals Panel Decision No. 151207 on September 8, 2015.
The appeals panel acknowledged the general rule that ““expert testimony is necessary to establish causation as to medical conditions outside the common knowledge and experience” of the fact finder.” However, in applying the rule, the appeals panel wrote:
The hearing officer found that the compensable injury of (date of injury), does not extend to Grade I strain/tear of the infraspinatus muscle. Where the subject is one where the fact finder has the ability from common knowledge to find a causal connection, expert evidence is not required to establish causation. In APD 130808, decided May 20, 2013, the Appeals Panel held that Grade II cervical sprain/strain and Grade II lumbar sprain/strain do not require expert medical evidence. See APD 130915, decided May 20, 2013. See also APD 120383, decided April 20, 2012, where the Appeals Panel rejected the contention that a cervical strain requires expert medical evidence; APD 992946, decided February 14, 2000, where the Appeals Panel declined to hold expert medical evidence was required to prove a shoulder strain; and APD 952129, decided January 31, 1996, where the Appeals Panel declined to hold expert medical evidence was required to prove a back strain.
The hearing officer is requiring expert evidence of causation with regard to the Grade I strain/tear of the infraspinatus muscle to establish causation. Although the hearing officer could accept or reject in whole or in part the claimant’s testimony or other evidence, the hearing officer is requiring a higher standard than is required under the law, as cited in this decision, to establish causation. Accordingly, we reverse that portion of the hearing officer’s determination that the compensable injury of (date of injury), does not extend to Grade I strain/tear of the infraspinatus muscle and we remand that portion of the extent-of-injury issue to the hearing officer to make a determination consistent with this decision.
This decision should be contrasted with the result found in Appeals Panel Decision No. 150399 where the appeals panel held that proof of a labral tear must be established by expert medical evidence.
FOLIO
