JCC Awards Revision Shoulder Surgery After Compensable Anchor Failure

In David Eaton v. Service Trucking Inc./CBCS, OJCC Case No. 25-026461JEJ, Judge Jill E. Jacobs addressed whether the employer/carrier could stop left-shoulder benefits after an accepted March 5, 2024 truck-shop accident, rotator cuff surgery, and a later MRI showing a displaced surgical anchor.

The employer/carrier relied on brief surveillance of the claimant sitting in a fishing boat with his left hand on a retaining-wall loop, arguing that he acted outside restrictions and caused a new shoulder problem. The JCC credited the claimant, found the video did not show meaningful exertion, and found the authorized surgeon could not say within reasonable medical certainty that the boat activity caused the anchor to loosen.

Applying the major-contributing-cause and compensable-consequence cases, the JCC held that the carrier had the burden to prove a break in the chain of causation after accepting the shoulder injury and authorizing treatment. Because the revision surgery flowed from the compensable surgery and the carrier did not prove a new causation break, TTD/TPD, penalties and interest, revision shoulder surgery with Dr. Rogers, continued shoulder care, and fees and costs were awarded.

Source: Compensation Order