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Sanchez v. Zanio's Foods10/20/2005
ry, including what the 1989 MRI showed, Drs. Reeve and Burg lacked pertinent information indicating that Worker's degenerative disk condition following the 2001 injury was pre-existing, rather than a new development caused by the 2001 incident. And we held that, in light of Dr. Castillo's uncontradicted testimony about the significance of Worker's degenerative disk condition after the 1988 injury and related MRI, by analogy to Niederstadt, there was insufficient evidence of a medical probability that Worker's back condition related to his degenerative disk disease was an injury caused by the 2001 incident.
Then, based on two motions for rehearing filed by Worker, this Court revised the April 1, 2005, opinion in an opinion filed on May 12, 2005, and we then withdrew the revised opinion in order to reevaluate our determinations in regard to the application of Niederstadt to bar Worker's claim. In his rehearing motions, the substance of which we now address, Worker takes issue with our view of the facts in the record as well as with our application of Niederstadt. Worker contends that our focus on Worker's pre-existing degenerative disk condition is unwarranted and erroneous. He also contends that even were the degenerative disk condition to be given due consideration on the question of disability, Niederstadt does not apply because the existence of a pre-existing degenerative disk condition does not change his right to receive full disability benefits for the condition.
We think it necessary in connection with the rehearing motions to detail the record origins of the primary issue raised by Employer in this appeal, namely, the point that Worker failed to meet his burden under Section 52-1-28 to prove that his degenerative disk disease was caused by the 2001 injury . The discussion also relates to Employer's point that the WCJ erred in denying Employer's motion in limine to exclude the causation opinions of the doctors.
A. THE RECORD ORIGINS OF THE CAUSATION ISSUE AS IT PERTAINS TO THE ABSENCE FROM DRS. REEVE'S AND BURG'S OPINIONS OF ANY KNOWLEDGE OF OR RELIANCE ON THE HISTORY OF PRE-EXISTING DEGENERATIVE DISK DISEASE
On June 3, 2003, Employer filed a motion in limine stating, among other things, that because of Worker's withholding of medical information regarding his prior injuries and pre-existing condition, the doctors' causation opinions were based on "inaccurate and untrue medical history provided by Worker" and were therefore inherently unreliable, misleading, and inaccurate. Employer argued that the admission and consideration of opinions as to causation based on incomplete, inaccurate, and untruthful medical history would be unduly prejudicial and unfair to Employer. In this motion, Employer did not cite Niederstadt. However, in conclusion Employer stated that the doctors' causation opinions were inadmissible because they relied on assumptions unrelated to the specific facts of the case, i.e, they were based on an assumption that Worker did not have a history of pre-existing back conditions and injuries.
On June 30, 2003, Employer filed requested findings of fact and conclusions of law stating essentially that: Worker failed to disclose to the doctors his previous history of back injuries, including among others the 1988 injury and treatment; it is important in forming an opinion on causation for doctors to have such information; because Worker did not provide such information, his doctors were unable to provide a reliable causation opinion; Dr. Reeve's impairment rating may have resulted due to lack of information and should be rejected; Worker did not establish causation to a reasonable degree of medical certainty; and Worker's claimed injury
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