Claimant in 2008 reports he fell backwards about 4 feet while handling a crowbar, resulting in back and psych injuries in a claim for PTD benefits.
The ALJ awarded more than $300,000 in benefits and relied upon opinions of Dr. Fonn that claimant's back surgery was necesary and gave less credit the neurosurgeons who reached a different conclusion becuase they had incomplete medical reocrds. In addition, claimant alleged both prior and new psych injuries. the ALJ awarded 25% of the back, 10% for psych and PTD against the second injury fund. The attorney fee was 15%.
The Commission reduced some of the TTD noting a failure to proof that claimant was engaged in a rehabilitative process and that another doctor had taken claimant off work for pre-existing conditions. Claimant asserted he was entitled to benefits becuse the employer disputed causation..
The dissent would have denied benefits on failure to prove injury by accident or that the surgery, 4 years post-njury, flowed from the accident based on objective findings.
In 2008 claimant was off work due to a prior accident. In 2009 claimant was off work by Dr. Fonn due to back fusion for a prior motorcycle accident. There was a gap in treatment for two years, and then Dr. Fonn performed additional back surgery in August 2012 which he related to the accident and kept him off work until June 2014. Dr. Sky performed in expert exam in 2018, 10 years after the accident, and conceded his plan of care was the same type of care claimant had recieved prior to the accident.
William Wilson v Noranda Inj. No. 08-120003
Release Date: Jan 27, 2025 2-1 affirm
ALJ Young
Attorneys: Butler, Brueggman, Lindsey
Experts: Fonn, Woitschek, Kavers, Sky; Bernardi, Kitchens
