Saturday, December 7, 2019

Commission affirms PPD that hauling trucks caused repetitive disc protrusions/herniations

Thomas Fenwick v The Doe Run Company
American Zurich Ins. Co.


Release Date:  Dec 4, 2019

Venue:  Iron County

Plot summary:  Claimant alleges multiple spinal injuries from being "bounced around" in a truck. Commission affirms award that "hauling trucks" produced repetitive trauma to spine resulting in 9 disc protrusions or herniations based on opinion of claimant's expert Dr. Volarich.  

Inj.  No. 15-0292171

Cast:
Kasten, ALJ
Seufert
Volarich - 67 1/2% rating
Chabot - 0% pre-existing
Coyle
Cantrell - cervical sprain

Comments:  A dissenting commissioner found claimant's credibility impacted by his lack of candor about prior severe symptoms, a delay in manifestation of symptoms, and inconsistencies between degree of subjective symptoms and objective exam findings.


What's it Worth?
22% PPD BAW neck, thoracic and lumber