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Excerpts
The Parties agree that 1) Claimant allegedly injured his low back on May 14, 2009; 2) there was an employer/employee relationship at the time of the injury; 3) the employer was timely notified of the injury; 4) the claim was timely filed; 5) the notice of controversion was timely filed; 6) the informal conference was held on May 25, 2010; 7) compensation has been previously paid; 8) medical benefits in the amount of $45,192.64 have been paid; and 8) Claimant has not returned to his job. (ALJ-1).
The issues for the Court to decide are 1) whether Claimant’s injury or disability rose from his employment; 2) average weekly wage (AWW); 3) entitlement to benefits; and 4) entitlementto attorney’s fees. (ALJ-1).
Claimant testified at the formal hearing on March 19, 2012. Before the 2009 accident, Claimant worked as a welder, helper, and an offshore rigger for three or four years, first for Curtis Callais, Employer. (Tr. 23). He applied to work there in 2006, and went for a preemployment physical at OMS with Dr. Davis. (Tr. 24). In 2006, Claimant testified he was doing welding assembly and rigging jobs offshore.
Conclusion
Importantly, Dr. Shults noted that for an accurate diagnosis of causation, an accurate history from the patient is necessary; it is clear from the record that Claimant was not truthful with Dr. Shults or Dr. Davis about his preexisting back injury. Therefore, there is nothing shown in the record to connect Claimant’s back injury and 2010 surgery with any accident in 2009.
Due to Claimant’s testimony, and that of Curtis Callais, I found that Claimant was unableto establish the 20(a) presumption in this case. Moreover, based on his prior back issues and the
medical record, I find that Claimant has failed to prove he experienced a work accident on May 14, 2009, which could have caused or aggravated his lumbar condition.
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