Person, Michael v. Guardian Industries Corp.
Michael Person, an employee of Guardian Industries, sought additional medical benefits for a neck injury sustained while lifting a pump. He received care from neurosurgeon Dr. John Brophy, who initially attributed over 51% of his ongoing symptoms to pre-existing cervical spondylosis, making the claim non-work-related. After clarification requests, Dr. Brophy later stated the work injury 'more likely than not' caused an aggravation of the pre-existing condition. However, further deposition clarified that the pre-existing spondylosis accounted for over 51% of his ongoing symptoms. The Court, comparing this to prior cases like Vercek and Willis, found Mr. Person failed to prove he was likely to prevail, as Dr. Brophy related the current need for treatment more to the pre-existing condition than the work injury aggravation. Consequently, the Court denied the requested additional medical benefits.