4-344-269 (1998). KATHRYN L. MILLNER (Order of Remand).

• Case Date: October 19, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-344-269 (1998). KATHRYN L. MILLNER (Order of Remand) INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF KATHRYN L. MILLNER, Claimant, v. INTERNATIONAL REHABILITATION ASSOCIATES, INC., Employer, and PACIFIC EMPLOYERS INSURANCE CO. (CIGNA), Insurer, Respondents.W. C. No. 4-344-269 ORDER OF REMAND The pro se claimant seeks review of a final order of Administrative Law Judge Gandy (ALJ), which denied her claim for medical and temporary disability benefits. The claimant contests numerous findings of fact which led the ALJ to determine that the claimant's herniated disc was not causally related to the industrial injury of April 17, 1996. Because we conclude that one of the ALJ's findings of fact is not supported by the evidence, we set aside the order and remand for entry of a new order. The ALJ's findings may be summarized as follows. Prior to the industrial injury of April 17, 1996, the claimant had an extensive medical history including back surgery in the spring of 1995. In the early part of 1996, the claimant was receiving treatment for hip pain, left knee pain, headaches, neck pain, and chronic back pain. On April 17, 1996, the claimant experienced a fall which the ALJ found arose out of and in the course of employment. In October 1996, the claimant was diagnosed with a herniated disc at the L5-S1 level. The disc was surgically repaired by Dr. Janssen in January 1997. The record contains conflicting evidence concerning whether or not the April 1996 injury was the cause of the disc herniation. The ALJ noted that the claimant's primary treating physician, Dr. Towbin, saw the claimant on April 29, 1996, and his office note does not reflect that the claimant made "any complaints of new, different, or aggravated back pain." Moreover, Dr. Towbin examined the claimant ten times from June 23, 1996 through December 23, 1996, and the records do not make mention of the April 17 fall or any significant increase in back symptoms. The records of other physicians who saw the claimant during this period of time also lack evidence of a significant increase in pain. In view of these records, Dr. Primack and Dr. Dwyer opined that there was no causal relationship between the April 17 injury and the disc herniation. Conversely, Dr. Janssen opined that the disc herniation was probably...