The claimant was a groundskeeper for a golf course and part of his duties involved cleaning drains for grass and weeds. When cleaning the drains, the claimant alleged that his feet would become wet. The claimant developed a diabetic foot ulcer, which led to a gangrene infection and several amputations of the foot. The claimant alleged that his work duties and cleaning drains caused the diabetic foot ulcer and need for the amputations.
The respondents were able to prove that cleaning the drains occurred only about four times a year and it was the only work activity that would cause the claimant’s feet to become wet. Also, the respondents’ expert, Dr. Paz, credibly testified that the diabetic foot ulcer likely developed a month prior to the drain cleaning. Dr. Paz also explained the natural progression of a diabetic foot ulcer and explained that the simple act of walking could cause a diabetic foot ulcer to develop. Dr. Paz explained that the cause of the diabetic foot ulcer was the claimant’s uncontrolled diabetes, peripheral neuropathy, and peripheral vascular disease and not any work related activities.
The judge found Dr. Paz’ testimony to be credible and persuasive. She found that it was not medically probable that the claimant’s working in wet boots and socks would cause or aggravate the diabetic foot ulcer.
Rosales-Cervantes v. Lazarus Inv., W.C. No. 5-180-039 (Aug. 9, 2022).
Want to know more? Contact Kristi Robarge at krobarge@pollartmiller.com or 877-259-5693.
