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In re Compensation of Pruitt3/9/2005
Argued and submitted October 7, 2004.
Affirmed.
SAIF decided that employment with its insured, 4 R Equipment, LLC, was not the major contributing cause of claimant's back injury and consequently denied that the injury was compensable. An administrative law judge (ALJ) and then the Workers' Compensation Board (board) disagreed. The board ordered SAIF to provide benefits. SAIF seeks review of that order. We affirm.
In 1984, claimant received treatment for a work-related back injury at L5-S1. He recovered almost completely, with minimal residual effects and no physical limitations. The compensability of that injury is not at issue. However, 15 years later, in March 2000, claimant began to experience low back pain that resembled the earlier pain. In March or May 1999 (the record is unclear which), he took a new job with a different employer, SAIF's insured in this case. His duties included driving a dump truck loaded with rock over unimproved ground. As the ALJ found (and SAIF does not dispute), " he terrain was rough and the [truck] would bounce severely; occasionally would hit such a bump that claimant would bounce in the cab and even strike his head on the top of the cab. In addition to driving the [truck], claimant also helped others changing anvils within the [rock] crusher. Claimant worked 12-hour days, six days a week."
The back pain continued, and claimant consulted Dr. Moore. She reviewed claimant's medical history, including his earlier surgery, and began to contemplate another surgery. SAIF then sent claimant to an insurer-arranged medical examination (IME) performed by Dr. Vessely. In a letter to SAIF on May 6, 2000, Vessely reported:
"I have provided you a complete work history. I also have reviewed the photographs you provided, and went over them with the claimant. It is noted that the history I have, and am basing my opinion on, is that this man has worked for the last eight months driving the Cat wagon, eleven hours a day, at least, not being able to get out for breaks or lunch. This is an extremely unusual history. This man also is in a seat that does not have a lot of support; he is driving over rough ground, and it appears from the history I have that this is the major contributing cause of this man's left radiculopathy. I have no history of any off work activities, and his pre-existing situation does not seem to be a major contributing cause, as his surgery was done in 1985 and he never had any trouble with this until March 1, 2000.
"* * * * *
"I believe that this man's work activities have definitely caused a pathologic worsening, probably at the L5-S1 level. I am basing this on the fact that he has significant left sciatic radiculopathy, he has positive cross straight leg raising right to left, and significant positive leg raising on the left side"* * *. His prior problem was on the right side. * *
"The major contributing cause of the combined condition at this time is the work incident of March 1, 2000."
Shortly thereafter, however, Vessely began to change his mind. On June 7, 2000, he wrote, "I am concerned that the clinical picture and diagnostic studies are not adding up in this case. This man continues to have incapacitating pain, which is really inconsistent with what is seen on the MRI studies." Vessely reported to SAIF that claimant's condition stemmed not from any injury or condition at L5-S1, but rather from disc protrusions at L3-4 and L4-5. He recommended that SAIF accept those injuries as work related, and SAIF did so.
On July 17, 2000, Moore operated on claimant's back. Afterward, SAIF asked Vessely to review the surgical record to determine whet
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