Happy Feet & A Little Education on the Mighty Lisfranc Fracture

Today’s Industrial Accident Board feature comes from two of my favorite litigators - Matt Fogg of Morris James and Andy Carmine of Elzufon Austin & Mondell - two more genial adversaries you will find nowhere. The issue before the Board involved the causal relationship of a left foot fracture of a Shoprite meat cutter, who was carrying a heavy box and when he stepped, felt a pop in his foot. And, if you ever wanted to know more about a Lisfranc fracture, you’re in luck!

Dr. Seifert, a board certified podiatrist who specializes in foot and ankle surgery, diagnosed the claimant with a Lisfranc fracture. Dr. Seifert testified that this type of injury can be caused by a “high-energy” trauma like a fall or by a low, indirect impact, such as when you stumble over the top of a flexed foot. Dr. Schwartz, on behalf of the employer, testified that there was a 0% possibility that claimant’s misstep could have caused the fracture as this type of injury requires “excessive kinetic energy” to occur, such as falling a significant distance or dropping something very heavy on the foot.

In this true battle of the experts, Dr. Seifert prevails over Dr. Schwartz. The Board gave deference to Dr. Seifert as her specific area of expertise is foot and ankle surgery. In addition, a publication from the American Academy of Orthopaedic Surgeons, of which Dr. Schwartz is a member, supported Dr. Seifert’s opinion. The publication indicated that a Lisfranc fracture can require very little force and be mistaken as a simple strain/sprain. The Board held that in this case, the claimant, who was carrying a large, heavy and awkward item and heard a pop and felt pain after stepping down, is the type of low impact mechanism to cause this type of injury. Accordingly, the Board found that the claimant’s fracture was causally related to the stepping incident at work. The case is Joseph Davis v. Kenny Family Shoprite of Brandywine, IAB Hr’g No. 1506161 (May 7, 2021).

Anyone else picturing Mr. Davis looks like the fella above?

Anyway, be on the lookout for our Memorial Day Weekend post - we are hoping to give you a great read for you to enjoy while sitting on the beach and relishing those first couple days of summer.

Best,

Caroline Kaminski

p.s. I just had to share Vivie’s preschool picture in her favorite Lilly Pulitzer dress. :-)