Symptoms Arising After a Job Function Does Not Always Equal a Compensable Injury

Claimant was working as a seasonal worker performing inventory sorting during the holiday season. He alleged that while working at a sorting table he felt pain in his left knee and believed he was struck from behind at knee level by a two-wheeled cart. There were no witnesses to this alleged injury but when claimant presented for medical care he reported aching and swelling of his left foot, and his left leg was noted to be very swollen. The claimant’s supervisor testified at hearing that he investigated claimant’s alleged injury with his co-managers and claimant’s coworkers but no one was aware of his left leg injury. Respondents’ medical expert reviewed claimant’s medical history and testified claimant suffered from bilateral lower extremity and foot symptoms. Respondents’ expert testified claimant had a history of swelling in both feet that suggested a disease process or vascular compromise in his legs and there was no evidence of an acute injury.

In a claim defended by Jake Johnson and Eric Pollart, the ALJ determined that claimant did not sustain a work-related injury. In denying the claim, the ALJ noted that while claimant had objective findings of the lower extremity following his work functions there was no evidence of an acute injury or an aggravation or acceleration of a preexisting condition. The ALJ credited Respondents’ expert that claimant’s symptoms were consistent with a disease process or vascular compromise in his legs.

Would you like to know more?  Contact Jake Johnson at jjohnson@pollartmiller.com or call Jake 720-488-9586.

 

From the September 2017 Pollart Miller Newsletter

2019-01-29T10:32:42-07:00