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Anastos v. General Chemical Soda Ash

9/27/2005

Commission's conclusion that Anastos failed to meet his burden of proof.


[ ] Anastos' second appellate issue--whether the Medical Commission's denial of payments for temporary total disability benefits after November 9, 2001, was supported by substantial evidence--is also resolved by our determination of the first issue. Anastos admits as much in his brief:


[The second] argument follows the outcome of the determination of the first argument of this brief as the basis for the temporary total disability benefits to continue after November 9, 2001 is that Anastos continued to suffer from the headaches and was unable to return to work with this pain.


It is undisputed that Anastos recovered from the muscle strain--the injury which was initially diagnosed by Dr. Balka and for which Anastos was receiving the temporary total disability benefits. Because we conclude that Anastos did not demonstrate that his headaches were related to his original injury, we affirm the Medical Commission's determination that Anastos was not entitled to additional temporary total disability benefits after November 9, 2001.


CONCLUSION


[ ] The Medical Commission determined that Anastos' headaches were not related to his original work injury and that he was not entitled to temporary total disability benefits after November 9, 2001. We have reviewed the entire record and are satisfied that the Medical Commission's determinations are supported by substantial evidence.


Affirmed.






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