94-0154. MICHAEL W. YEAKLE vs. BAILEY TIRE CO/FIRESTONE and C.W. REESE COMPANY Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0154. MICHAEL W. YEAKLE vs. BAILEY TIRE CO/FIRESTONE and C.W. REESE COMPANY Defendants THE INDUSTRIAL COMMISSION OF UTAHMICHAEL W. YEAKLE Applicant, vs. BAILEY TIRE CO/FIRESTONE and C.W. REESE COMPANY, Defendants.Case No. 94-0154ORDER DENYING MOTION FOR REVIEWBailey Tire Co./Firestone and its insurance carrier, C.W. Reese Company (referred to jointly as "Firestone" hereafter) ask The Industrial Commission of Utah to review the Administrative Law Judge's award of workers' compensation benefits to Michael W. Yeakle. The Industrial Commission of Utah exercises jurisdiction over this motion for review pursuant to Utah Code Ann. '63-46b-12, Utah Code Ann. '35-1-82.53, and Utah Admin. Code R568-1-4.M. FINDINGS OF FACT The Industrial Commission adopts the findings of fact set forth in the ALJ's decision. In summary, Mr. Yeakle was employed as manager of a Firestone tire store. Prior to his industrial accident, he was able to meet the physical demands of his employment and work the long hours the job required. He also maintained an active personal life, including skiing, bicycling and walking. While working at Firestone on October 21, 1993, Mr. Yeakle tripped over a cord and fell on his right hip. He suffered immediate, severe pain and was unable to walk. He was transported to Pioneer Valley Hospital for emergency care. A few days later, he began treatment with Dr. Gordon, an orthopedic surgeon. Mr. Yeakle was diagnosed as suffering from preexisting arthritis which required surgery to replace the right hip. Initially, Firestone accepted liability for the injury, but later denied liability based on Mr. Yeakle's preexisting arthritis. Dr. Gordon, Mr. Yeakle's treating physician, has concluded that Mr. Yeakle's industrial accident "is the primary cause that aggravated his symptoms and is the reason that he requires surgery." Dr. Holbrook, who examined Mr. Yeakle on behalf of Firestone, has come to a different conclusion: "The total hip replacement was inevitable in view of the extensive nature of the (preexisting) disease. . ." In light of the foregoing, the ALJ referred the medical aspects of Mr. Yeakle's claim to a medical panel. The medical panel concluded:

Although it is impossible to be absolutely certain, in view of the severe pain appearing at the time of the fall and continuing,

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