In the case of HealthSouth Corp v. Hawthorne, the Virginia Court of Appeals reversed the Workers’ Compensation Commission's decision, which had awarded medical benefits to Pamela B. Hawthorne for a foot injury sustained on November 6, 2022. The Commission had determined that this injury was a compensable consequence of a prior work-related injury she suffered on June 6, 2011. However, the court found that this conclusion was unsupported by sufficient medical evidence, relying instead on Hawthorne's own speculative testimony.
Hawthorne's 2011 foot injury had been treated within six months, and for nearly a decade, she experienced no lingering issues or required any further treatment related to that injury. In the 2022 incident, she sustained a new foot injury, but her medical records did not establish any connection between the two injuries. No evidence suggested that her healthcare providers from 2022 had even reviewed her medical records from 2011. The only mention of the prior injury came from a physician's assistant who checked a box on a form indicating that the 2022 injury was work-related. However, this report lacked any explanation or substantive evidence linking the injuries. The court noted that the physician's assistant did not have access to Hawthorne’s medical records from 2011, further weakening the claim.
While the Workers’ Compensation Commission is allowed to consider a claimant’s testimony in determining causation under certain circumstances, the court held that it erred in this case by relying on Hawthorne’s non-medical opinion. Her testimony was uncorroborated by any medical records or expert opinion, making it insufficient to establish causality. The court emphasized that the 11-year gap between the injuries, without any medical evidence to bridge the connection, was simply too long to support a reasonable inference that the 2022 injury was related to the 2011 incident.
As a result, the court concluded that the Commission’s decision was speculative and unsupported by credible medical evidence. The Commission’s reliance on Hawthorne’s testimony alone, in the absence of medical documentation or expert analysis, was insufficient to establish the required causal link between the injuries. Therefore, the court reversed and dismissed the Commission’s award of benefits to Hawthorne, noting that the injuries were too remote in time and lacking the necessary medical foundation to be considered related.
HealthSouth Corp v. Hawthorne, Record No. 2058-23-3, Sept. 3, 2024.
