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Court rules cashier’s back pain not compensable

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Court rules cashier’s back pain not compensable

A cashier who requested medical treatment for back pain almost two years after her initial workplace injury is not entitled to additional workers compensation payments because it is unclear whether her symptoms arose from the injury or an automobile accident, and because she did not comply with a prescribed course of physical therapy, an Arkansas court ruled.

Rose Marie Jones, a cashier for Minneapolis-based Target Corp., fell while at work in an Arkansas store in August 2013, resulting in injuries to her head, neck and lower back. Ms. Jones continued to work for three days and then sought treatment for head pain, dizziness and other symptoms. She was diagnosed with post-concussion syndrome related to the fall. Hospital records show Ms. Jones did not complain of back pain at the time, court records show.

During the next several weeks, Ms. Jones was released from work multiple times and visited a walk-in clinic at least three times complaining of continuing symptoms affecting her neck and lower back. She was then referred to a different doctor, who recommended a course of 24 physical therapy visits, according to court documents.

Ms. Jones was cleared to return to work following her first physical therapy session. At her second appointment two days later, Ms. Jones reported that she was involved in a motor vehicle accident shortly after completing her first physical therapy session, resulting in worsening back pain, court records show.

Ms. Jones stopped attending physical therapy sessions after six visits in October 2013. Later that month, the prescribing doctor noted that Ms. Jones had reached maximum medical improvement and released her to work without restrictions, although he recommended she continue physical therapy, court records show.

In March 2015, Ms. Jones visited another doctor complaining of lower back pain and attributed her symptoms to her fall at work in 2013. That doctor recommended aggressive physical therapy and anti-inflammatories, according to court documents.

In a hearing before an administrative law judge, Ms. Jones said she was denied further treatment after she completed six sessions of physical therapy in 2013, that she was released to work despite not feeling well and continuing to experience symptoms, and that she alerted human resources repeatedly about her symptoms. She also admitted that she had been involved in motor vehicle accidents in September 2013 and June 2014 as well as two car accidents prior to the August 2013 workplace injury, court records show.

The ALJ determined that Ms. Jones failed to meet her burden of proof that she is entitled to additional medical treatment. On appeal, the Arkansas Workers’ Compensation Commission affirmed and adopted the ALJ decision.

A three-judge panel of the Arkansas Court of Appeals in Little Rock affirmed the commission’s ruling Wednesday in Rose Marie Jones vs. Target Corp. and Sedgwick Claims Management. The court noted that medical records and deposition testimony of her treating doctors did not support her claim. Further, the court noted Ms. Jones’ failure to mention her multiple car accidents and said it was clear that she ceased going to physical therapy on her own accord. Ms. Jones also continues to work without restriction, the court noted.

“Resolving the conflicting medical evidence, making credibility determinations and deciding what weight to give to particular pieces of evidence is within the commission’s province,” the court ruled. “We cannot find error on the part of the commission; therefore, we hold that substantial evidence supports the commission’s opinion.”

Representatives from Target were not immediately available to comment. 

 

 

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