Type 4 Fracture Injury Cases
A review of the cited cases reveals no case in which we have held that the serious impact requirement applied to a type 4 fracture.
In Sherry v. Buonansonti, 287 N.J.Super. 518, 671 A.2d 606 (App.Div.1996), plaintiff's injury did not involve a fracture, but was "very suggestive of degeneration." Id. at 521, 671 A.2d 606. Cavanaugh v. Morris, 273 N.J.Super. 38, 640 A.2d 1192 (App.Div. 1994), held that continuing spasm long after the accident met Oswin 's objective evidence requirement for a soft tissue injury.
In Cavanaugh, x-rays for fracture were negative, but plaintiff suffered from continuing spasm. 273 N.J.Super. at 40-41, 640 A.2d 1192. Moreno v. Greenfield, 272 N.J.Super. 456, 640 A.2d 335 (App.Div.1994), also did not hold that a serious impact requirement is applicable to a type 4 injury.
In Moreno, objective evidence of injury showed spasm and a herniated disc.
In dicta the court stated "in N.J.S.A. 39:6A-8a the nine classes of compensable injuries include type 4, namely a 'fracture.'
Although plaintiff's vertebrae did not fracture, the intervening disc herniated, creating a potentially more painful and long-lasting problem." Id. at 466, 640 A.2d 335. Foti v. Johnson, 269 N.J.Super. 198, 635 A.2d 104 (App.Div.1993), reviewed the criteria required for proving an aggravation of a pre-existing spondylolisthesis and spondylosis. Id. at 202, 635 A.2d 104.
There was no allegation of fracture. Plaintiff sustained a "soft tissue" injury. Id. at 199, 635 A.2d 104. Finally, Polk v. Daconceicao, 268 N.J.Super. 568, 634 A.2d 135 (App.Div.1993), concerned aggravation of pre-existing osteoarthritis and obesity.
Plaintiff argued that his hip arthritic condition constituted type six, seven or eight injuries. Id. at 570-72, 634 A.2d 135. Polk contains no discussion of type 4 injuries.