ALJ Denies Allegation that Claimant Injured Low Back Despite MRI Finding of Recent Disc Herniation

Brad Miller and Christopher Gray recently prevailed on a compensability claim in Colorado.  The claimant argued that she injured her low back lifting car batteries at work.  Respondents denied the claim even though there was evidence on a MRI Scan that claimant had recently suffered an acute disc herniation.

Respondents were able to produce the following evidence at hearing: (1) claimant had undisclosed medical treatment for her low back about a year and a half before the alleged injury; (2) claimant initially denied to her supervisor that she suffered any work injury; (3) claimant initially sought treatment with a chiropractor on her own and paid for a monthly membership; (4) the initial medical records from the chiropractor did not contain any history of a work injury; and (5) claimant only alleged a work injury after finding out that she had a herniated disc.  The ALJ relied on this evidence to deny the claim even though there was not any direct evidence presented as to what actually caused the recent acute disc herniation.

If you have any questions regarding this case, please contact Mr. Miller at bmiller@pollartmiller.com or Mr. Gray at cgray@pollartmiller.com.  Both Mr. Miller and Mr. Gray can also be reached at 720.488.9586.

Long v. O’Reilly Auto Parts, W.C. No. 5-042-542-01 (January 30, 2018)

 

From the February 2018 Pollart Miller Newsletter

2019-01-29T09:15:29+00:00