No Compensable Work Injury Proven After Multiple Stories Offered in the Claim

A claimant files for a compensable injury after treatment for frostbite after working outside

Throughout the claim, there were multiple stories about what resulted in the claimed injury. Due to pain and tingling in his hands after working outside on a cold day, the claimant was initially treated for and diagnosed with frostbite of the hands. The claimant did not allege any specific activity or incident that caused these symptoms.

His symptoms rapidly progressed over the next two weeks, including weakness in his legs and difficulty walking. A cervical MRI was completed, showing a central disc herniation at C4-5 contacting the spinal cord and causing severe stenosis and degenerative changes at other levels.

The claimant then began to allege that he had a slip and fall while at work, which was the cause of his injuries. This alleged cause was not documented prior in the records.

Due to the inability to identity any specific incident, activity, or event that triggered his symptoms, the ALJ found in favor of Respondents that no compensable work injury had been proven.

Mackey v. Olgoonik Corp, W.C. No. 5-278-596-002 and W.C. No. 5-266-419 (Feb. 26, 2024).

Want to know more? Contact Brad Miller at bmiller@pollartmiller.com


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