4-332-345 (1998). BARBARA L. GREENWOOD.

• Case Date: October 09, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-332-345 (1998). BARBARA L. GREENWOOD INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF BARBARA L. GREENWOOD, Claimant, v. WAL-MART STORES, INCORPORATED, Employer, and SELF-INSURED, Insurer, Respondents.W. C. No. 4-332-345FINAL ORDER The claimant seeks review of a final order of Administrative Law Judge Gandy (ALJ), which denied and dismissed her claim for workers' compensation benefits. The ALJ found that the claimant failed to prove that she sustained a compensable injury or occupational disease which was the cause of her disability and need for treatment. We affirm. The ALJ found that on March 13, 1997, the claimant, a cashier, experienced the sudden onset of back pain while performing the duties of her employment. Eventually, the claimant was diagnosed with a herniated disc for which she required surgery. The claimant testified that her duties as a cashier required substantial lifting and bending. Further, a nurse practitioner, who first treated the claimant on March 17, 1997, opined that there was a relationship between the claimant's duties and the back condition. (Scriben depo. p. 10). Nevertheless, the ALJ found that the claimant's onset of back pain was not associated with any specific cause or incident, and that the claimant failed to prove an accidental injury or occupational disease as a result of her employment. In support, the ALJ credited the testimony of the claimant's supervisor that the claimant did not report an industrial back injury on March 13, 1997, as company policy required her to do. Moreover, the claimant initially sought treatment from her private physician despite knowing that she was required to go to a company doctor for work-related injuries. The ALJ also found that, to the extent the opinions of the nurse practitioner and Dr. Nix support a finding that the back condition is work-related, those opinions "lack credibility." Consequently, the ALJ denied the claim for benefits. On review, the claimant contends the ALJ erred in finding she did not prove that a work-related injury or occupational disease caused her back problems. The claimant takes particular issue with the ALJ's decision to discredit the opinions of the nurse practitioner and Dr. Nix, as well as the claimant's own testimony. We find no error. Section 8-41-301 (1)(c), C.R.S. 1998...