W.C. No. 4-453-341Industrial Claim Appeals Office.
October 2, 2001
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Hopf (ALJ) which denied his claim for medical benefits and temporary disability benefits. We affirm.
The ALJ found the claimant failed to prove his disability and need for medical treatment commencing in January 2000 was caused by an industrial accident in 1997 when the claimant twisted his back. The claimant challenges the sufficiency of the evidence to support this determination. We find no error.
The claimant was required to prove, as a threshold matter, that the disability and need for medical treatment was proximately caused by an injury arising out of and in the course of employment. Section 8-41-301(1)(c), C.R.S. 2001; Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000). The question of whether the claimant proved causation is one of fact for determination by the ALJ Faulkner v. Industrial Claim Appeals Office, supra. Because the issue is factual in nature, we must uphold the ALJ’s determination if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 2001. This standard of review requires us to defer to the ALJ’s resolution of conflicts in the evidence, her credibility determinations, and the plausible inferences she drew from the record. Wal-Mart Stores, Inc. v. Industrial Claim Appeals Office, 989 P.2d 251 (Colo.App. 1999). Although causation need not be proven by expert medical evidence, where such evidence is presented it is for the ALJ to assess its weight and credibility. Rockwell International v. Turnbull, 802 P.2d 1182
(Colo.App. 1990).
Here, there was conflicting evidence concerning whether or not the claimant’s January 2000 surgery, and the subsequent need for treatment and disability, were caused by the 1997 incident. However, as the ALJ found, Dr. Lesnack reviewed the medical record and opined the 1997 incident did not cause the need for surgery. Dr. Thiel reported that he did not find a “surgical indication” in the claimant’s medical record. Finally, as the ALJ found, Dr. Burke could not opine, to a reasonable degree of medical probability, that the need for surgery was caused by the 1997 incident. Additionally, the claimant declined medical treatment at time of the October 1, 1997 incident because he said his pain immediately resolved. Although the claimant sought treatment for back problems in May 1998, he did not relate his condition to the 1997 incident.
Thus, we conclude substantial evidence supports the ALJ’s finding the claimant failed to prove that the medical treatment and disability were caused by the 1997 industrial injury. Although the record contains evidence which might support a contrary conclusion, this fact affords no basis for relief on appeal. May D F v. Industrial Claim Appeals Office, 752 P.2d 589 (Colo.App. 1998). In light of this determination, we need not reach the other arguments raised by the claimant.
IT IS THEREFORE ORDERED that the ALJ’s order dated November 24, 2000, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2001. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed October 2, 2001 to the following parties:
Sabino Ruedas, 14530 Highway 34, #6, Ft. Morgan, CO 80701
Excel Corporation, 1505 E. Burlington Ave., Ft. Morgan, CO 80701-4611
Deb Carlock, Workers’ Compensation Coordinator, Excel Corporation, C. S. 4100, Ft. Morgan, CO 80701
Cheryl Zimmerman, Crawford Company, 9200 Panorama Circle, #160, P. O. Box 6502, Englewood, CO 80155-6502
Ken Daniels, Esq., 936 E. 18th Ave., P. O. Box 18322, Denver, CO 80218 (For Claimant)
Tama L. Levine, Esq., 1515 Arapahoe St., Tower 3, #600, Denver, CO 80202 (For Respondents)