Gassner v. Raynor Mfg. Co.

948 N.E.2d 315 (2011)

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Nature of the Case

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Facts

On May 30, 2000, P sustained a work-related back injury. Following surgery to his back P contracted a staphylococcal (staph) infection originating in his back area. P was treated with oral and intravenous antibiotics. P and D entered into an agreement. P accepted the sum of $47,500 in full settlement of all claims, known or unknown, including all claims for specific loss, and temporary total compensation. D also agreed to pay reasonable and necessary medical expenses for treatment to the low back causally related to the alleged injury of 5/30/00 for a period of one year after the date of approval of this settlement contract, but not thereafter. The Commission approved the settlement contract on May 1, 2002. In September 2002, P began to experience chest pain, shortness of breath, and fever. By late October 2002, doctors diagnosed P with septic pericardis near his heart, and P underwent multiple surgeries as a result of the infection. Between May 1, 2002, and May 1, 2003, P incurred $190,000 in medical expenses for treatment of his heart infection. Expert opinion was that P's heart infection was caused by the same bacteria responsible for Ps low back infection. Eventually, P sued D. D moved for summary judgment in that the contract did not cover P’s treatment. The court ruled for D, and both parties appealed.