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Wilson v. Liberty Mutual Fire Insurance9/26/1995
Rehearing Denied October 19, 1995.
52 St.Rep. 990
Submitted on Briefs August 17, 1995.
Gerard Wilson (Wilson) appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers' Compensation Court denying his claim for permanent partial disability benefits for his 1986 and 1988 work-related injuries. We affirm.
We consider the following issue on appeal:
Is the Workers' Compensation Court's finding that Wilson failed to establish that his present back condition was caused by his work-related injuries supported by substantial credible evidence?
Wilson began working for United Parcel Service (UPS) as a porter in 1979. Within two years, he was employed as a full-time package-car driver. Wilson suffered two work-related injuries while employed by UPS, one on April 16, 1986, and one on December 27, 1988. At the time of both of these injuries, UPS' workers' compensation insurer was Liberty Mutual Fire Insurance Company (Liberty). Liberty accepted liability for both injuries.
Wilson's 1986 work-related injury occurred while loading packages onto a UPS truck. As he lifted a box to about eye level, he felt a "major pop" in his upper back. As a result of this injury, Wilson missed work from May 5, 1986, through June 2, 1986.
Various doctors examined Wilson after his 1986 injury . Dr. Michael Strekall, Dr. William Batey and Dr. Kenneth Carpenter each diagnosed Wilson with some form of back strain. On May 30, 1986, Dr. Carpenter released Wilson to return to work full-time as a package-car driver. Wilson did not seek additional medical treatment regarding back complaints until he sustained his 1988 injury.
On December 27, 1988, Wilson injured his back when he slipped and fell on a UPS customer's driveway after delivering a package. He landed on his back, head and elbows.
The following day, Dr. Batey examined Wilson; he diagnosed a contusion of the lumbar spine and prescribed rest, heat and Motrin for the next two to three days. He observed that Wilson did not appear to be in a significant amount of pain. Wilson followed up with Dr. Batey on January 4, 1989, and informed Dr. Batey that he had returned to work but the pain had persisted. Dr. Batey diagnosed a lumbar strain.
Wilson left his job with UPS in March of 1990. He did not seek additional medical treatment regarding his back complaints until October 26, 1990, when he was examined by Dr. Harris Hanson. Dr. Hanson noted that Wilson felt a pop in his back a few days prior to this visit and diagnosed back strain in the lumbar and dorsal areas. At that time, Wilson was employed by Sweetheart Bakery as a delivery-car driver.
Wilson did not seek further medical attention relating to back problems until May 26, 1993. At that time, he saw Dr. Batey and told him that he had been experiencing ongoing back pain since his 1986 and 1988 injuries. Dr. Batey examined Wilson and diagnosed chronic lumbar strain. On June 9, 1993, Dr. Batey noted no improvement and referred Wilson to Dr. Allen Weinert.
Dr. Weinert diagnosed degenerative disc disease in the L4-5 and L5-S1 levels and opined that Wilson suffered from chronic discogenic pain. His diagnosis was based primarily on Wilson's medical history. Dr. Weinert provided a five percent impairment rating with respect to Wilson's back condition, apportioned as three percent for Wilson's 1986 injury , one percent for the 1988 injury, and one percent for "his March of 1990 injury." Liberty paid Wilson a five percent indemnity award based on Dr. Weinert's impairment rating.
At Liberty's request, Dr. Robert Chambers examined
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