Parr v Bobby Boatright and Frozen Food Express
October 5 2017 Mahon
The Commission affirms a denial of benefits for a neck strain following an auto accident.
Claimant fell asleep on the road while operating a truck, he initially denied any injuries at the scene, and the vehicle went into a ditch and sustained only minor damage. The ALJ noted the claimant then performed his own research on the internet and became convinced that he had a traumatic brain injury. Claimant offers no expert opinion that he is totally disabled from this accident although he qualified for social security disability benefits and asserts he is limited in his ability to stand or walk.
Dr. Strang felt his symptoms were "related" to the accident. Dr. Cantrell found no evidence of brain injury or need for surgery for the 62 year old claimant or permanent injury from a neck strain.
Claimant objected on the basis of the seven-day rule that records had not been furnished seven day sin advance. The ALJ found no seven day rule applied for the service of medial "records", but if records being offered were not medical records they were subject to the seven day rule of business records in 490.692.
Claimant failed in a burden of proof without expert opinion to show the demand for TTD was because of medical injury or to explain why left sided cervical findings would explain right-sided symptoms.
ALJ Mahon
Experts Strange, Cantrell.
