This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Worker-Appellant claimed benefits for what he alleged was the aggravation of a pre-existing work-related injury. This injury was purportedly exacerbated by a third accident occurring while changing a flat tire, which the Worker argued was a direct consequence of the first two work-related incidents (para 1).
Procedural History
- Appeal from Workers’ Compensation Administration, David L. Skinner, Workers’ Compensation Judge: Denied benefits for the claimed aggravation of a pre-existing work-related injury.
Parties' Submissions
- Worker-Appellant: Argued that the injury sustained while changing a flat tire was an aggravation of pre-existing work-related injuries and thus should be compensable (para 4).
- Employer/Insurer-Appellee: Moved to strike affidavits attached to the Worker's memorandum in opposition, arguing they were an inappropriate submission of testimony and improper supplementation to the record. They contended that the Worker's current disability was not compensable as it did not result from a work-related accident (paras 2-4).
Legal Issues
- Whether the Worker-Appellant's injury, claimed to be an aggravation of a pre-existing work-related injury sustained while changing a flat tire, is compensable under workers' compensation law.
Disposition
- The Workers’ Compensation Judge’s order denying benefits for the claimed aggravation of a pre-existing work-related injury was affirmed (para 5).
Reasons
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Per LINDA M. VANZI, Judge (CYNTHIA A. FRY, Judge, J. MILES HANISEE, Judge concurring):The Court granted the Employer's motion to strike the affidavits from the Worker's memorandum in opposition, as they were not part of the record in the Workers’ Compensation Administration and thus could not be considered (para 2).The Court was not persuaded by the Worker's arguments, maintaining that the Worker had reached maximum medical improvement (MMI) for his prior work-related injuries before the third accident, which occurred outside the course of work. It was determined that the injury from changing a flat tire was not the natural and direct result of the first or second work-related accidents. Furthermore, the Worker's need for medical care since the third accident was not a direct result of the prior work-related accidents (para 3).The Worker failed to demonstrate that his present disability was compensable as resulting from a work-related accident or to provide expert testimony supporting his contention that his injury from the third accident was a natural and direct result of the prior work-related accidents. Consequently, the Worker did not meet his burden on appeal to point out any errors in fact or law in the Court's proposed disposition (para 4).
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