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Poland v. Kroger #40412/8/1999
contributing factor of claimant's disabling condition.
An overwhelming amount of testimony showed that after the 1995 automobile accident, claimant suffered from continuous low back pain. This evidence dispels claimant's contention that she is entitled to a presumption of causation because she did not have disabling symptoms before the Kroger accident. Further, medical records and claimant's deposition following the 1995 automobile accident are sufficient proof that her disabling symptoms continued up to the day before the Kroger accident.
Giving due deference to the WCJ's determinations of fact and evaluations of credibility, we cannot say that the conclusion that claimant failed to establish a causal connection between her disabling condition and the Kroger accident is clearly wrong.
Conclusion
For the foregoing reasons, the judgment of the Worker's Compensation Judge, in favor of defendant, Kroger, and rejecting the demands of claimant, Jeanie R. Poland, is affirmed. Costs are assessed to the claimant.
AFFIRMED.
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