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Dana Corp. v. Baker2/23/2005
NOT DESIGNATED FOR PUBLICATION
Appellants DANA Corporation and Specialty Risk Services appeal from a decision of the Arkansas Workers' Compensation Commission awarding appellee Steven Baker benefits. On appeal, appellants argue that the Commission's decision awarding appellee benefits for the problems he experienced after November 26, 2001, is not supported by substantial evidence. We reverse the award of benefits and remand for an order consistent with this opinion.
The facts of this case are as follows. Appellee worked as a product technician for appellant DANA Corp. This position involved running bearing-grinding machines and sorting through old cores. On October 9, 2001, while sorting cores, appellee experienced a paralyzing pain in his lower back when he went to set a core in a rack. The pain caused appellee to drop to his knees for about two or three minutes. Afterwards, appellee informed his team-leader that he needed to see a doctor. Appellee filled out an accident report and went to Dr. Ken Turner at the Russellville Family Clinic. Appellee underwent a MRI on November 21, 2001. Dr. Turner diagnosed appellee as having a lumbar strain and released him to light duty.
Appellee was subsequently referred by Dr. Turner to Dr. Scott Schlesinger, a neurosurgeon. Dr. Schlesinger diagnosed appellee as having low-back pain secondary to spondylolisthesis and referred him to Dr. Marc Valley, a pain-management physician. Dr. Valley found that appellee was experiencing pain in his low back and right buttocks. Dr. Valley recommended that appellee undergo a series of three injections. Appellee completed the injections, and upon appellee's request, Dr. Valley released him to full duty on April 12, 2002. Following his release, appellee continued to experience pain. On August 2, 2002, appellee saw a chiropractor, who referred him to Dr. Wayne Bruffet, an orthopedic spine surgeon. Dr. Bruffet diagnosed appellee with having isthmic spondylolisthesis at L5-S1. On October 1, 2002, Dr. Bruffet performed surgery on appellee. Appellants controverted all treatment after November 26, 2001, and a hearing was held before an administrative law judge (ALJ).
At the hearing, appellee testified that he was still under Dr. Bruffet's care and had not been released to return to work. He said that he was also attending therapy. Appellee denied having sharp pains prior to October 9 and said that, prior to October 9, he was never told he needed back surgery. Appellee also said that prior to October 9, he had experienced "back soreness." He explained hat his back soreness was not the result of any type of back injury . However, during redirect and re-cross examination, appellee acknowledged that in his deposition he testified that, prior to October 9, he had seen a doctor due to back soreness. Appellee also testified that during his deposition he failed to testify about the fact that he had been written off from work on more than one occasion by his doctors, due to lumbar problems.
In his deposition, Dr. Scott Schlesinger testified that appellee suffered from low back pain secondary to spondylolisthesis. He explained that the condition usually developed over time. Dr. Schlesinger opined that, on October 9, appellee sustained an aggravation of a pre-existing condition.
Dr. Marc Valley testified that he initially diagnosed appellee as having low back pain. He said that he concurs in the diagnosis of spondylolisthesis. He also agreed that appellee's spondylolisthesis pre-dates appellee's work-related injury. Dr. Valley testified that, in appellee's history, appellee indicated that, prior to his work-related injury, he had never had a hospital or doctor's visit for low back pai
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