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Gaines v. SMI Joist Co.2/9/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Charles Gaines appeals from the denial of workers' compensation benefits, based upon a finding by the Commission that he failed to establish that he sustained a compensable injury to his back. Gaines contends on appeal that the Commission's opinion is not supported by substantial evidence, and that he is also entitled to temporary total disability benefits. We affirm.
Gaines claimed that he injured his back on October 2, 1996, when he was using a pry bar to separate bundles of steel while working for appellee SMI Joist Company. Gaines alleged that he told a co-worker, Tracey Lafayette, about the injury . However, he did not immediately report the injury to his supervisor, James Clark, because Clark did not work on his evening shift. Lafayette also testified that the injury occurred while Gaines was using a pry bar, and stated that he had to finish up Gaines's work for him on the evening that the injury occurred.
Gaines testified that he missed several days of work following the injury , and that on Sunday, October 6, 1996, he went to the emergency room. The emergency room admission form states in part, "Lower back pain x 4 to 5 days . . . denies any trauma or lifting . . . no history of trauma, recurrent problem. . .discovered while sitting during breaks." Gaines testified that while he was at the emergency room, he was given a slip with work restrictions. The insurance claim for the emergency room visit was filed with Gaines's private health insurance company.
Gaines stated that he reported the injury to Clark the day after he went to the emergency room, but that Clark did not have him fill out a workers' compensation claim form or suggest that he see a company doctor. Gaines continued to work until February 5, 1997, when he went back to the emergency room. The emergency room records reflect that Gaines had been suffering from low back pain for approximately five months. At this time, he was referred to Dr. Matthew Walter. On February 13, 1997, Dr. Walter gave Gaines a light-duty work excuse. Gaines testified that he gave the light-duty slip to Clark, and that Clark indicated that light duty would be provided. However, according to Gaines, he was never put on light duty, and he continued to work on regular duty until April 10, 1997, when he took several days of personal leave and his vacation. He did not return to work following his vacation because, according to Gaines, light duty had not been made available to him, and he was afraid that he would further injure himself.
In the meantime, an April 9, 1997, MRI of Gaines's lumbar spine revealed a "large disc herniation at the L5-S1 level." On April 11, 1997, Gaines saw Dr. Walter to check on his MRI results. Dr. Walter excused him from work from April 11, 1997, through at least April 25, 1997. On April 25, 1997, Dr. Walter referred him to Dr. Chris Alkire. Reference to the pry bar event appears in the medical records for the first time in the June 23, 1997, progress notes of Dr. Alkire. Dr. Alkire performed surgery on Gaines's lower back on July 2, 1997, and Gaines returned to full duty at SMI from October 6, 1997, until he quit in December 1997.
At the hearing before the ALJ, Gaines alleged that he suffered a compensable back injury on October 2, 1996, and that he was entitled to medical benefits and temporary total disability benefits from April 11, 1997, through August 6, 1997. The ALJ determined that Gaines's back complaints were compensable, and awarded temporary total disability benefits from April 11, 1997, through October 5, 1997. However, the Commission reversed the ALJ, finding that Gaines failed to prove that he suffered a co
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