Claim Petition Denied in a Case Involving Work-Related Cervical Injury

We received a decision denying a claim petition that alleged the claimant suffered a work-related cervical injury on June 29, 2023. The claimant testified that he felt a snap but did not feel the pain right away and continued to work until July 17, 2023. He then went to the emergency room and subsequently had surgery on July 20, 2023. During cross-examination, the claimant agreed he only suffered a cervical injury, not a low back injury. He further noted he had a prior low back injury on October 19, 2022, for which he filled out an accident report and was sent to a doctor and received treatment. However, the claimant first reported the June 29, 2023, injury on September 1, 2023, and at that time could not recall a specific event that occurred on June 29, 2023. However, he did confirm he heard a snap in his back when the injury did occur. The claimant also agreed he worked full duty, without reporting the incident, until July 17, 2023. Dr. Martinez, the claimant’s expert, testified the claimant was a partial quadriplegic in the upper and lower extremities. Dr. Henderson, our expert, found no evidence of a work-related injury on June 29, 2023, and that the claimant’s symptoms are consistent with cervical stenosis with myelopathy, which is a degenerative condition. The workers’ compensation judge found the claimant to be not credible to the extent he testified he suffered a work-related injury on June 29, 2023, or any disability related to it. He noted his demeanor during the hearing was not credible and his testimony was called into question based upon the employer’s policy that you must immediately report injuries, as he had in the past. The judge also noted that subsequent treatment notes indicate the injury or condition pre-dated the June 29, 2023, work injury date.