Wednesday, June 9, 2021

Commission reverses temporary award for shoulder injury

 Pamela Boyer v Red Wing Shoe Company

Release Date:  June 8, 2021

Venue:  Iron County 

Summary:  Claimant alleges she struck her shoulder on a dye plate and was diagnosed with a cuff tear. She did not initially provide a history of accident until the doctor explored various possible sources of trauma. The ALJ found the accident the likely cause of the cuff tear without dislocation  and noted the absence of prior symptoms. The commission reversed the temporary award based on expert testimony that the mechanism of injury was unlikely to produce the tear and more likely related to risk factor of arthritis and smoking. The ALJ found claimant was not credible and failed to prove injury.  

18-035982 

Cast

Young, ALJ

Ellen Morgan

Karie Casey