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Hajny v. Ag Processing2/15/2005
(not designated for permanent publication)
I. INTRODUCTION
Brad Hajny appeals from an order of the Nebraska Workers' Compensation Court review panel which affirmed an award of a trial judge of the Workers' Compensation Court. Hajny sought compensation for injuries related to three different accidents, two of which concerned neck injuries and one of which concerned exposure to hexane gas. The trial judge found that the injuries related to the hexane gas exposure were compensable and that all benefits related to the hexane gas exposure had already been paid. The trial judge further found that Hajny failed to prove that his neck injuries were caused by his work-related accidents and denied benefits for the neck injuries. The three-judge review panel affirmed. On appeal, Hajny challenges only the trial judge's findings concerning the neck injuries. Because we find that the trial judge was not clearly wrong in concluding that Hajny failed to prove causation, we affirm.
II. BACKGROUND
On or about February 18, 1999, Hajny underwent a preemployment physical for his job with Ag Processing, Inc. At that time, Hajny had no history of problems with his neck or arms. Hajny began training with Ag Processing on March 1 and began working as a material handler on June 1. As a material handler, Hajny was responsible for loading product material into railcars.
On June 16, 1999, Hajny was at work loading material weighing approximately 1,500 pounds when his neck "snapped and made a kind of pop sound." Hajny reported the accident the same day. Hajny did not seek any medical treatment immediately after this accident, and the record indicates that he worked at least 12-hour shifts on each of the 4 days following the accident. Hajny testified that on June 16, he suffered pain in his neck and down into his left arm, and that the pain never completely went away. One of Hajny's supervisors testified that after June 16, Hajny never displayed any physical difficulties at work, never exhibited symptoms equated with pain, and never requested any sort of accommodation to help him do his job .
In September 1999, Hajny changed jobs at Ag Processing and became a process operator. The process operator position required Hajny to operate machinery, but according to Hajny, "there was no physically demanding" aspect to the new position. Nonetheless, Hajny testified that he experienced pain in his neck and left arm even while performing his duties as a process operator. In the spring of 2000, Hajny again changed jobs at Ag Processing and began working in maintenance. Hajny testified that he complained to co-workers about pain he was experiencing while working in maintenance.
Hajny testified that on November 22, 2000, he was performing maintenance on a "grain drag" when a nut "popped loose" and he experienced a "whiplash type motion." Hajny testified that he experienced the "same excruciating" pain in his neck and left arm as he had after the June 16, 1999, accident. Hajny reported the November 22, 2000, accident immediately.
On December 5, 2000, Hajny went to see Dr. Charles J. Nowacek. Hajny completed a history form in conjunction with his visit to Dr. Nowacek. On the form, Hajny was asked if the injury was a work injury and, if so, how the accident happened. Hajny responded to the question with a question mark and a statement that he " urt back work about 1 y r ago have been bothered ever since. It felt like something slipped out of place." The form also asked whether the injury occurred "on the job," and Hajny responded by placing checkmarks in both the "yes" and "no" boxes. Dr. Nowacek referred Hajny to Dr. James L. Teachworth, a chiropractor
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