Jefferson v Trinity Health Michigan, 2009 ACO #52
The Appellate Commission affirmed the magistrate’s order granting an open award of benefits despite significant pre-existing conditions in the plaintiff’s neck. The Commission concluded that where the plaintiff’s IME doctor was found credible by the magistrate and the doctor’s testimony, in response to a hypothetical question, that the work the plaintiff performed would lead to degenerative changes (despite other factors that contributed to the degeneration) was sufficient to satisfy the Rakestraw and Fahr (pathological change) standards.
