94-0966. DANIEL J. JARES vs. GREGORY and COOK INC. and AMERICAN INTERNATIONAL ADJUSTMENT COMPANY Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0966. DANIEL J. JARES vs. GREGORY and COOK INC. and AMERICAN INTERNATIONAL ADJUSTMENT COMPANY Defendants THE INDUSTRIAL COMMISSION OF UTAHDANIEL J. JARES, Applicant, vs. GREGORY and COOK, INC. and AMERICAN INTERNATIONAL ADJUSTMENT COMPANY, Defendants.Case No. 94-0966ORDER DENYING MOTION FOR REVIEWDaniel J. Jares asks The Industrial Commission of Utah to review the Administrative Law Judge's decision denying Mr. Jares' claim for benefits under the Utah Workers' Compensation Act. The Industrial Commission exercises jurisdiction over this motion for review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §35-1-82.53, and Utah Admin. Code R568-1-4.M. ISSUE UNDER REVIEW Does the preponderance of evidence establish that Mr. Jares' work for Gregory and Cook is the legal and medical cause of his degenerative spinal condition. FINDINGS OF FACT The Industrial Commission adopts the findings of fact set forth in the decision of the ALJ. Such facts can be summarized as follows: During the fall of 1991, Mr. Jares was employed as a pipeline welder by Gregory and Cook. He alleges that he injured his back as a result of two work-related accidents. The first alleged accident occurred on September 5, 1991. Mr. Jares claims his right foot slipped into a trench, causing him to twist and fall on his left knee. He did not seek medical attention at the time, nor did he report the accident to his employer or miss any time from work. The second alleged accident occurred during mid-October, 1991. Mr. Jares claims that he was injured when a company bus in which he was a passenger hit a bump with great force. As with the incident of September 5, 1991, Mr. Jares did not seek immediate medical attention, nor did he report the accident to his employer or miss any time from work. On October 22, 1991, Mr. Jares was treated in a hospital emergency room for back pain. Mr. Jares did not report any work-related injury to the examining physician. Over the next several weeks, Mr. Jares was examined and treated for back pain by several other physicians. Mr. Jares did not report that his back pain was related to his work at Gregory and Cook. It was not until November 14, 1991 that Mr. Jares first reported the alleged industrial accidents. Progress notes from Dr. Gertzbein, Mr. Jares' treating physician, assume...