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Brocas v. Mirage Hotel & Casino6/22/1993
in the record shows that Brocas sustained a neck injury at some point during her employment at the Mirage. A CAT scan of Brocas's cervical spine taken in February of 1990 showed no abnormalities. Dr. Malone evaluated Brocas for her neck injury on August 13, 1990, and ordered further testing. A CAT scan of her cervical spine done on August 20, 1990, revealed that Brocas had a midline posterior herniation of the C6-C7 disks. Dr. Malone testified to a reasonable medical probability that Brocas's neck injury was industrially-related. Although there is some evidence indicating that Brocas's cervical complaints were disproportionate to the radiographic findings, and that the etiology for Brocas's chronic neck and back pain was unclear, this evidence does not negate the existence of Brocas's cervical injury; it merely questions her degree of symptomatology. Further, chronic neck and back pain are consistent with a diagnosis of fibromyalgia, which the record reflects Brocas was diagnosed with in addition to her cervical disk herniation.
We conclude that Brocas presented sufficient medical testimony and sufficient facts to support a determination that her herniated disk was caused by an industrial injury . We have carefully considered all of the other issues raised on appeal and conclude that they either lack merit or need not be addressed given our disposition of this appeal. accordingly, we affirm the decisions of the appeals officer and the district court denying Brocas's claim for the December, 1989, back injury, and we reverse those decisions with respect to Brocas's claim for neck injuries sustained in July and August of 1990.
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