4-543-782 (2004). EDITH ARAGON.
Case Date | September 24, 2004 |
Court | Colorado |
Colorado Workers Compensation
2004.
4-543-782 (2004).
EDITH ARAGON
INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF EDITH
ARAGON, Claimant, v. CHIMR d/b/a PENROSE ST. FRANCIS HOSPITAL, and/or GOODWILL
INDUSTRIES OF COLORADO SPRINGS, and/or MEMORIAL HOSPITAL, Employers, and
PREFERRED PROFESSIONAL INSURANCE COMPANY, and/or NORTH RIVER INSURANCE COMPANY
and/or SELF-INSURED, Insurers, Respondents.W. C. Nos. 4-543-782, 5-465-295; 4-581-659FINAL ORDER The claimant seeks review of an order of Administrative Law Judge
Mattoon (ALJ) which determined the claimant failed to prove a compensable
injury and therefore, denied the claim for workers' compensation benefits. We
affirm.
The claimant was employed as a housekeeper at the Penrose St.
Francis Hospital (Penrose) on November 9, 2000 when she was struck by a bed she
was moving. The claimant testified she heard a "pop" in her back and felt pain
radiating into her left leg. (May 6, 2003, p. 17). The claimant reported the
injury but did not request treatment throughout the remainder of her employment
at Penrose. In explanation, the claimant stated that she was afraid Penrose
would discharge her if it knew she had been injured and wanted medical
treatment. (Tr. October 7, 2003, p. 51). On April 4, 2001, the claimant
voluntarily quit her employment at Penrose for reasons unrelated to the
November 9 incident.
On January 11, 2002, the claimant was hired by Goodwill
Industries of Colorado Springs (Goodwill) and assigned to a housekeeping
position at Memorial Hospital (Memorial). The claimant alleged she developed an
occupational disease affecting her low back condition while working for
Goodwill. However, the claimant performed her regular duties at Goodwill
without complaint and applied for permanent employment at Memorial. The
claimant also alleged she reinjured her back while lifting 50 pounds during a
pre-employment physical at Memorial on April 4, 2002.
In May 2002, the claimant filed these claims for workers'
compensation benefits. The claimant then sought medical treatment for
complaints of low back pain on June 11, 2002.
Dr. Schwender and Dr. Jenks opined the claimant's low back
condition was not caused by the November 9 incident. In contrast, Dr. Hall and
Dr. Griffis opined the claimant's low back complaints are a consequence of the
November 9 incident, which was not...
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