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Wilson v. Liberty Mutual Fire Insurance9/26/1995
, 1988, Wilson underwent a United States Department of Transportation (DOT) physical examination in which the examining physician noted that Wilson had pulled muscles in his back but that, regarding this problem, there was "nothing on going." Wilson underwent another DOT examination on March 26, 1990. Dr. Batey noted "no problems" and that Wilson was "doing well." Approximately six months later, Dr. Batey examined Wilson regarding an eye problem. He noted no changes in Wilson's health since the March DOT examination and approved Wilson to take a fire-fighter physical examination. On March 23, 1992, Wilson underwent another DOT examination. Wilson passed the examination and there was no indication of any back problems at that time. Additionally, it appears from the record that Wilson did not tell any doctor that he had suffered ongoing back pain since his work-related injuries until May 26, 1993, when he was examined by Dr. Batey.
We conclude that substantial credible evidence supports the Workers' Compensation Court's finding that the 1986 and 1988 injuries were strains which were wholly resolved within weeks and, therefore, that Wilson failed to establish that his present back condition was caused by those injuries.
Affirmed.
CHIEF JUSTICE TURNAGE and JUSTICE NELSON concur.
JUSTICE TRIEWEILER specially concurring.
I concur with the majority's conclusion that there was substantial evidence to support the judgment of the Workers' Compensation Court. Therefore, I would affirm that judgment. However, I do not agree with all that is said in the majority opinion.
JUSTICE HUNT joins in the foregoing specially concurring opinion.
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