Pernell v. Piedmont Circuits

LEWIS, Judge.

Plaintiff-employee was a 46 year old man who had experienced recurrent incisional hernias prior to and during his employment with defendant Piedmont Circuits. The initial hernia was diagnosed and repaired in 1978. This initial hernia site required five subsequent surgical repairs between 1978 and 1987. Plaintiff-employee’s previous hernia was diagnosed in October 1987.

On 5 April 1988, plaintiff-employee fell while performing a job related task. Plaintiff-employee felt his hernia site “bust loose” immediately after his fall. Two days later, he felt a “bulge in his stomach.” Eight…