The claimant alleged a left shoulder injury on September 28, 2022, after catching a falling tray holding containers of ice cream. The claimant reported the alleged injury to her employer on the same day but did not pursue medical treatment for her injury. The claimant argued that she was experiencing pain and difficulties with her left shoulder since the injury but still did not seek treatment for the alleged work injury until December 4, 2023. In addition, the claimant saw her physician multiple times between August 2023 and December 2023 for unrelated conditions and with no mentions of any left shoulder injuries. The claimant argued that she did not pursue treatment because she thought she could “tough it out,” and because she feared losing her job.
Respondent’s expert opined that the mechanism of injury could reasonably cause a “mild strain,” but would not be expected to cause any long-term or permanent structural injury to the rotator cuff. Respondent’s expert also opined that the claimant’s reported symptoms are consistent with degenerative changes and arthritis rather than an acute injury. The ALJ found in favor of Respondents that the claimant failed to prove she suffered a compensable injury on September 28, 2022.
Guerrero v. Cygnus Home Serv., LLC, W.C. No. 5-276-942 (April 11, 2025).
Want to know more? Contact Brad Miller at bmiller@pollartmiller.com
