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Buxton v. Sunland Construction8/22/2001
The plaintiff, Michael Buxton, appeals a decision by a workers' compensation judge (WCJ) denying his claim for workers' compensation benefits. The WCJ found that the plaintiff failed to prove a work-related accident or injury, citing the plaintiff's failure to notify his employer or his physician that he had an alleged work-related injury, and his failure to identify exactly when the alleged injury occurred. For the following reasons, we affirm.
FACTS
The plaintiff was employed in May 1998 as a pipeline construction worker with Sunland Construction, Inc. He claims that on August 12, 1998, he injured his left arm while picking up skids and loading them onto a winch truck. The skids were pieces of wood weighing up to 50 pounds which were used to stack pipe. He asserted that he reported the injury to a co-worker and that he sought medical treatment on August 17, 1998. The plaintiff filed a disputed claim for compensation on February 3, 1999, complaining that the defendant failed to pay weekly compensation benefits or medical expenses. He sought to recover those benefits as well as penalties, interest and attorney fees.
Trial on the matter was held on March 16, 2000. The plaintiff gave somewhat confusing testimony as to what took place. He testified that he did not remember the exact date that he hurt his arm. He contended that it just progressively worsened until he could no longer work. The plaintiff stated that his alleged injury did not happen on a particular day, but simply developed over time. He claimed that he told a co-worker, Steve Grant, about the problem and that he thought it was Mr. Grant's duty to file a report. The plaintiff stated that he did not personally report a work-related accident or injury to the company's safety manager, Kevin Matthews. The plaintiff clarified that he had previously had "tennis elbow" whereas in the present case he had pain on the inside of his elbow. Work was stopped for a few days due to rain and when his arm did not improve, he took off work to seek medical treatment. He went to Dr. Ralph Abraham and thought that he told the doctor's bookkeeper or secretary that this was a work-related injury. He explained that he got a note from Dr. Abraham to be off work for a couple of weeks, but was not given any work restrictions. When the plaintiff went back to the company, he claimed that he was told that he was no longer needed.
Several months later, he saw Dr. Brian Bulloch who diagnosed him with musculotendinous strain of the distal biceps and recommended physical therapy. The plaintiff stated he attended physical therapy for about two weeks.
The plaintiff admitted that a safety meeting was held every Monday and at the August 17, 1998 safety meeting, he signed a statement indicating that he had not been involved in a work-related accident or injury . He claimed that he signed the statement but did not read it. At trial the plaintiff testified that he reported the problem with his arm to a co-worker before they ceased work for a few days due to a rain-out. However, in a deposition the plaintiff said that he made the complaint after the rain-out.
Arnola Matthews, the company's office manager, testified that the plaintiff actually quit his job on August 18, 1998, saying that he needed to take care of a problem with his arm. Ms. Matthews asked the plaintiff if he filled out an accident report. The plaintiff answered that he had not because his arm problem was not related to his job, but rather was something that he already had.
Kevin Matthews, the field safety representative with the company, testified that the plaintiff was informed of the proper procedures for reporting a work-related acciden
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