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Bollinger v. Coast to Coast Total Hardware2/17/2000
2000 Opinion No. 5
Frederick C. Lyon, Clerk
Appeal from the Industrial Commission, State of Idaho.
The decision of the Industrial Commission is affirmed.
Douglas Bollinger appealed from the Industrial Commission's decision denying his worker 's compensation claim for a back injury. We affirm.
I.
FACTS AND PROCEDURAL HISTORY
Douglas Bollinger, a resident of Pinedale, Wyoming, worked for Hometown Hardware Coast to Coast (Coast to Coast) in Soda Springs, Idaho, from spring 1992 until July 1993. On February 3, 1993, Coast to Coast employees were unloading freight, using rollers to slide the stock off the truck. A box weighing approximately seventy-five pounds started sliding off the edge of the rollers. Bollinger caught the box and carried it fifteen yards into the store. He continued unloading freight until the end of the shift. When Bollinger returned home, he felt stiff, took some ibuprofen, and went to bed.
The following morning, Bollinger could barely straighten up when he first arose. He went to work, but told his employer, Chad Christensen, of his back pain. Christensen suggested that Bollinger consult Dr. Ryan Anderson, a Soda Springs chiropractor. Dr. Anderson examined Bollinger that day and diagnosed acute lumbosacral strain. Dr. Anderson performed electrotherapy on Bollinger, ordered a back brace, and recommended specific exercises and stretches.
Bollinger returned to Dr. Anderson for additional treatments on February 6, 8, and 10. Dr. Anderson released Bollinger to light duty work on February 8. On February 10, Dr. Anderson noted that Bollinger was feeling good and playing basketball. He recommended that Bollinger start an exercise regime and come three times a week to his office to exercise. Bollinger testified that he did not comply with the recommendation because he could not afford to pay for any therapy.
After a few weeks of light duty, Bollinger returned to full duty at Coast to Coast. Christensen testified that he never saw Bollinger experience any physical difficulties after he returned to full duty, never heard Bollinger complain about back problems, and never received a request for follow- up care after the initial injury.
On March 24, 1993, Dr. Anderson produced a final report on Bollinger's industrial injury. The report noted that Bollinger had responded well to treatment and that he had returned to work with no restrictions. The report also indicated that Bollinger had failed to comply with rehabilitation and the office had lost contact with him. Based on his February 10 findings and Bollinger's lack of communication, Dr. Anderson closed the worker 's compensation case.
After his injury, Bollinger played basketball on two local teams and went four-wheeling for recreation. Bollinger returned to Dr. Anderson on May 18, 1993, for neck and back pain he suffered while playing basketball. He testified that he told Dr. Anderson that his lower back still bothered him after he worked a long time standing on his feet. Dr. Anderson's notes confirm that Bollinger complained of lower back pain. After a second treatment on May 20, however, Bollinger never consulted Dr. Anderson again.
In July 1993, Christensen fired Bollinger. Despite the firing, Bollinger and Christensen remained on good terms. Over the next two years, Bollinger visited Christensen several times. Bollinger did not mention back problems or request follow-up care from Christensen until June 1995, nearly two years after his termination.
In the four months after he left Coast to Coast, Bollinger worked as a laborer for two road construction companies.
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