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Cypress Cos. v. Brown

The claimant's aggravation of a preexisting and previously uncompensated on-the-job injury constituted a new accident, rather than a change of condition.

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In this appeal, Cypress Companies “Cypress” and Safeco Insurance Company of America “Safeco” contend that an erroneous theory of law was applied which resulted in Cypress being improperly compelled to pay workers’ compensation benefits to its injured employee, Mary Jean Brown. Cypress and Safeco assert that the appellate division of the State Board of Workers’ Compensation misapplied the “two insurer” principle to the underlying facts, or, in the alternative, failed to follow the “original injury” principle within the two insurer line of cases. After reviewing the controlling law, we find no error and affirm.

When construed in a light most favorable to Brown, the party prevailing below, the evidence establishes the following facts.1 Brown worked as a manager for different owners of Denny’s Restaurants for nearly 17 years. On July 20, 1997, while carrying a tub of dishes, the floor beneath Brown suddenly caved in and Brown’s right leg became wedged in some drain pipes. Nearly immediately, Brown experienced pain and swelling in her right knee. She obtained medical treatment at the Howell Industrial Clinic. DenAmerica Corporation “DenAmerica”, the restaurant owner and Brown’s employer, paid for Brown’s treatment. Brown’s x-ray results were normal and the clinic released her to return to regular duty work. Brown did not miss any time from work nor did she seek income benefits.

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