Ex parte Fairhope Health & Rehab, In re: Durgin

Court of Civil Appeals of Alabama

Baldwin County | 175 So. 3d 622 | Feb. 27, 2015


Fairhope Health & Rehab Challenges Compensation for Employee's Knee Replacement Due to Preexisting Condition

Fairhope Health & Rehab, LLC (FHR) challenged a court order to compensate their employee, Lula Durgin, for a knee injury sustained at work, contending it was mainly due to a preexisting condition. Durgin, having served for eight years at FHR, injured her right knee in 2012 during work. She had an earlier diagnosis in 2007 indicating arthritis and knee degeneration. The 2012 injury worsened her knee condition.

Post-surgery in May 2012, her condition improved from the recent injury, but she still suffered due to her preexisting arthritis. Later, a knee replacement was suggested, with the doctor stating it was necessitated by her chronic arthritis, not the 2012 injury. In 2014, the trial court deemed Durgin's injury work-related, directing FHR to cover medical expenses, including the knee replacement.

FHR appealed this decision. Relying on precedents, the court stated employers are liable only for temporary disabilities from accidents that aggravate preexisting conditions, not for permanent issues stemming from the preexisting condition. The court found insufficient evidence linking Durgin's knee replacement need to her 2012 injury. Thus, while recognizing Durgin's 2012 work-related injury, the court ruled in favor of FHR not paying for her knee replacement.

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