 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Nalley v. Keith Wheatley Construction4/21/2005
linked to the 1992 injury rather than the subsequent incident. Under such circumstances, causation was properly a matter within the province of the medical experts.
The claimant presented medical records concerning the acute treatment of his 1992 injury . Although he maintained that his back had worsened over the years that followed he presented no records of any subsequent treatment until February, 2001, when he saw Dr. Klindt for an acute episode that involved primarily the cervical spine.
More significantly, he presented no medical evidence that the November, 2001, incident represented a worsening of the 1992 injury rather than an entirely separate injury or that the proximate cause of his present complaints was a worsening of the 1992 injury rather than an injury he sustained in November, 2001. Not only did the ALJ acknowledge that there was no clear-cut opinion in favor of causation, Dr. Ballard clearly did not think that the claimant's present condition was caused by the 1992 injury. Under the circumstances, the finding in the claimant's favor was unreasonable because no competent medical evidence supported it.
The decision of the Court of Appeals is affirmed.
All concur.
|