3-820-915 (1998). HARLAN R. GARCIA.
Case Date | July 27, 1998 |
Court | Colorado |
Colorado Workers Compensation
1998.
3-820-915 (1998).
HARLAN R. GARCIA
INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF HARLAN R.
GARCIA, Claimant, v. ROCKWELL INTERNATIONAL, Employer, and TRAVELERS INSURANCE
COMPANY, Insurer, Respondents.W. C. No. 3-820-915FINAL
ORDER The claimant seeks review of a Corrected Supplemental Order of
Administrative Law Judge Friend (ALJ) which denied permanent total disability
benefits and future medical benefits. We affirm.
The ALJ's pertinent findings of fact may be summarized as
follows. In 1986 the claimant suffered a compensable back injury while working
as a modification mechanic for Rockwell International. Thereafter, the claimant
resumed his regular employment duties. In 1988 the claimant suffered a second
work-related back injury which was diagnosed as an acute lumbosacral strain. As
of August 10, 1998, Dr. Cotton reported the claimant was virtually pain free.
Dr. Cotton released the claimant to full activities and discharged the claimant
from further treatment.
Following the 1988 injury, the claimant returned to his regular
job. However, his condition worsened and by June 1990 he required assistance to
perform some of his job duties. In 1993 the claimant accepted an early
retirement option rather than risk a potential layoff or transfer. After the
retirement the claimant's condition continued to worsen. By 1996 the claimant
was incapable of any employment.
Dr. Bernton opined that the worsening of the claimant's condition
after 1989 was due to a deterioration of a pre-existing, non-work-related
degenerative disc disease and a non-work-related cardiopulmonary condition. As
a result poor aerobic capacity Dr. Bernton opined that the claimant is unable
to perform even sedentary employment. Further, Dr. Bernton opined that the 1988
injury did not cause the deterioration of the claimant's aerobic capacity. (Tr.
pp. 65, 69, 72). However, Dr. Bernton attributed 17.5 percent of the claimant's
medical restrictions to the industrial injures.
Implicitly crediting the opinions of Dr. Bernton, the ALJ found
that the worsening of the claimant's condition and the consequent permanent
total disability were not the natural and proximate consequences of the 1986
and 1988 industrial injuries. Instead, the ALJ found that the worsening of the
claimant's condition was due to the pre-existing...
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