D. W. Adcock PC v. D. W. Adcock MD

Expert evidence that a surgeon's skin condition was caused and aggravated by intense scrubbing prior to each surgery supported the ALJ's determination that the surgeon suffered a compensable injury.

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D. W. Adcock filed a claim with the State Board of Workers’ Compensation to recover workers’ compensation benefits from his employer and MAG Mutual Insurance Company for a disabling skin condition that precluded him from continuing his profession as a hand surgeon. The administrative law judge made two critical factual findings: i the skin condition was a compensable injury caused and aggravated by the numerous surgical pre-scrubbings and in-office cleansings required by Adcock’s profession, and ii MAG Mutual had misled Adcock when it denied his claim and falsely told him that the injury occurred outside the time of its insurance coverage therefore, MAG Mutual was estopped from asserting Adcock failed to file his claim within the one-year statute of limitations. Cf. OCGA § 34-9-82 a. The ALJ awarded Adcock workers’ compensation benefits. The Board affirmed the findings and award as did the superior court. We granted MAG Mutual’s application for a discretionary appeal and now affirm on the ground that some evidence supported the critical findings.

Adcock owned a professional corporation D. W. Adcock, M.D., P.C. that employed him to perform orthopedic surgery. The corporation had workers’ compensation insurance from Hanover Insurance Company and later from MAG Mutual. After 25 years of practicing as a surgeon, Adcock developed a skin condition known as severe eczema or contact dermatitis that caused a thickening of the skin and resulted in fissures in his hands that made it impossible for him to continue with his profession as a surgeon. Although disputed, expert evidence showed that the condition was caused and aggravated by the intense scrubbing that was required prior to each surgery and by the in-office cleansing averaging 50 times per day required before seeing each patient. Adcock could point to no specific instance causing the onset of the condition. The worsening skin condition forced Adcock to cease working as a surgeon on May 31, 1998.

D. W. Adcock PC v. D. W. Adcock MD

Expert evidence that a surgeon's skin condition was caused and aggravated by intense scrubbing prior to each surgery supported the ALJ's determination that the surgeon suffered a compensable injury.

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