3-820-915 (1998). HARLAN R. GARCIA.

Case DateJuly 27, 1998
CourtColorado
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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT