Compensability – Job Site Analysis, IME, and employer testimony established that claimant did not meet the risk factors under the Medical Treatment Guidelines for developing a cumulative trauma injury to the bilateral shoulders and upper extremities.

Claimant was a milk gallon filler operator who alleged a cumulative trauma injury to his bilateral shoulders and upper extremities as a result of the repetitive nature of his job. Respondents performed a job site evaluation and retained a medical expert to testify regarding causation under the Medical Treatment Guidelines. An employer witness also testified regarding claimant’s job duties and provided testimony regarding claimant’s reporting of the injury just prior to a change in claimant’s job position. In relying on the Job Site Evaluation, hearing testimony, and record evidence, the ALJ applied the Medical Treatment Guidelines with regard to risk factors for cumulative trauma conditions and found that claimant did not meet any of the risk factors for the development of work-related shoulder or upper extremity injuries. The ALJ further credited Respondents’ medical expert who opined that claimant had several non-work related risk factors to explain the development of his various upper extremity injuries and symptoms. Based on the totality of the evidence, the ALJ found that claimant failed to prove that his employment caused, intensified, or aggravated his condition. Accordingly, the claim was denied and dismissed.

David Urbina v. Safeway Inc., W.C. No. 5-101-885 (March 20, 2020)

Would you like to know more? Contact Gail Benson at gbenson@pollartmiller.com or 877-259-5693.

From the April 2020 Newsletter

2020-04-30T09:18:12+00:00