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State11/19/2004
s arbitrary and capricious abuse of discretion.
[ ] On the other hand, Parrish contends that the hearing examiner considered all relevant evidence and concluded that Parrish's long history of working in the heavy labor industry did not preclude the finding of a causal connection between his back condition and his Excal employment. He contends that his spinal pathology worsened during his Excal employment, pointing to the comparison of his 1998 MRI with his 1999 MRI. With regard to the Division's alternative position that Parrish's back condition may have been caused by a bending incident in 1999 and a fall on ice in November 2000, Parrish claims the hearing examiner considered, but properly rejected, that evidence under the weight of substantial evidence that Parrish's chronic heavy lifting was the cause of his back problems.
[ ] We have carefully examined the entire record to determine if OAH's decision is supported by substantial evidence. We have carefully considered the parties' contentions in light of that record and in light of the applicable law. Based upon that examination and consideration, we hold that OAH's decision should be affirmed.
[ ] Substantial evidence supports the fact that Parrish's degenerative back condition existed before and at the time of Parrish's 1994 employment by Excal. Parrish's own testimony and Dr. Stenfors-Dacre's testimony supports that fact. Parrish's work effort for 16-17 years of chronic repetitive heavy lifting in the foundry industry is well documented. That work effort caused his body to be "sore all over." He had soreness, stiffness, and pain in his arms and back. He told Dr. Stenfors-Dacre that he had symptoms in both the cervical and lumbar spine as early as 1994. According to Parrish, his neck and back were sore during his Excal employment, "but it had been like that for 20 years. It was just normal." Dr. StenforsDacre expressed several significant opinions in this regard: a) As to an individual who has been doing chronic repetitive heavy lifting and hard physical labor from 1977 onward and who starts developing symptoms in 1994, by 1994 the damage has been done to the structures (disks) of that individual's back-the degenerative process is underway. Heavy lifting contributed to and hastened the degeneration process; b) Parrish is going to suffer from chronic cervical and low back pain because of all the changes he has had both from the labor side of things as well as from the surgical interventional side of things which can cause scar tissue and a change in the bony architecture of the spine; c) The most likely cause of Parrish's present back condition is the chronic repetitive heavy work that he had done from the time of 1976 onward; his symptoms would be most consistent with chronic wear and tear to the spine; and d) Parrish's chronic cervical and lumbosacral back pain has a high probability of being directly correlated to his work history of chronic heavy lifting.
[ ] Dr. Stenfors-Dacre's findings are consistent with the vocational history which Parrish reported. Nonetheless, aggravation of a pre-existing medical condition is a compensable injury if Parrish could prove that his Excal work effort aggravated his degenerative back condition to produce the current back condition for which he seeks compensation. To prove aggravation of his pre-existing medical condition, Parrish must demonstrate that his Excal work effort materially contributed to the aggravation of his existing degenerative back condition. That causal connection is satisfied if his medical expert testifies that it is more probable than not that his Excal work effort contributed in a material fashion to the aggravation of the degenerative back condition. Whether
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