eNotes: Workers’ Compensation – August 2024 – Virginia

SIGNIFICANT CASE SUMMARIES

Virginia Case Summary

Hanover County, et al. v. Scott M. Moore
Court of Appeals of Virginia
No. 0715-23-2

Decided: July 9, 2024

Claimant’s Thoracic Aortic Aneurysm was “heart disease” and thus presumed compensable under Code § 65.2-402(B).

Background

In 2003, Claimant began working as a firefighter for Hanover County. In September 2021, a CT scan revealed that Claimant had a Thoracic Aortic Aneurysm (“TAA”). A firefighter’s heart disease is presumed compensable under Code § 65.2-402(B). Board certified invasive cardiologist Dr. Dean Caven, who treated Claimant, testified that whether TAA qualified as a heart disease depended on the meaning of heart disease. When comparing TAA to coronary artery disease, Dr. Caven explained that TAA was not “heart disease” but rather an “aortic disease.” Cardiologist, Dr. Stanley Tucker, provided a statement in which he opined that TAA is a heart disease that would be treated by a cardiologist. The VWCC was persuaded by Dr. Tucker’s opinion and held that TAA qualifies as a heart disease that would be presumed compensable. The court affirmed the VWCC’s finding, holding that whether a TAA is heart disease is a question of medical fact, and that where medical opinions conflict the VWCC’s finding shall not be disturbed.

Holding

Credible evidence in the record supports the VWCC’s finding that only Dr. Tucker provided an unequivocal opinion on whether TAA was heart disease and that based on Dr. Tucker’s opinion TAA is a “heart disease” under Code § 65.2-402(B). Claimant’s TAA is thus presumed compensable.

Takeaway

Whether a specific ailment qualifies as heart disease under Code § 65.2-402(B) is a question of fact making the VWCC’s findings binding. Where medical evidence provided to make such a determination is conflicting, the VWCC holds discretion in deciding which evidence prevails. The VWCC can but is not required to provide greater weight to the medical opinion of a treating physician.

Any questions regarding this legislation can be addressed to Jamie DeSisto Morris, Esquire at (443)641-0558 or jdesisto@tthlaw.com.