Damme v. Pike Enters., Inc.Annotate this Case
In 2009, Patricia Damme injured her low back in a workplace accident. In 2013, Damme underwent surgery on her back. The surgery was a success. The Workers’ Compensation Court awarded Damme temporary total disability benefits from 2009 to 2013 and future medical care. Damme’s employer, Pike Enterprises, Inc. appealed, arguing, among other things, that the 2009 incident was not an injury but a “temporary symptom aggravation” of Damme’s preexisting back problems. The Supreme Court affirmed, holding that the Workers’ Compensation Court did not err in (1) finding a causal relationship between the work-related injury Damme sustained in 2009 and the 2013 surgery; (2) determining that Damme’s 2013 surgery was reasonably necessary to treat her physical condition and pain symptoms; (3) finding that after her injury, Damme could not work until the surgeon who performed the surgery released her to return to work; (4) determining that Damme’s incarceration was not an event that barred her receipt of temporary total disability disability benefits; and (5) awarding nonspecified future medical benefits.