DICK WILKINS, Employee/Respondent,
v.
UNITED STATES DISTILLED PRODS., and GREAT AM. INS./STRATEGIC CO., Employer-Insurer/Appellants, and HARTFORD LIFE, CENTRACARE ST. CLOUD HOSP., CENTRACARE HEALTH RIVER CAMPUS CLINIC, and PREFERREDONE ADMIN. SERVS., INC., Intervenors.
No. WC20-6365
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
February 5, 2021
CAUSATION
– SUBSTANTIAL EVIDENCE. A medical opinion is not
necessarily unopposed, even though there is no competing
medical opinion, when the record contains other evidence
contradictory to that opinion.
Lucas
V. Cragg, Teplinsky Law Group, Ltd., Minneapolis, Minnesota,
for the Respondent.
David
O. Nirenstein and Kelly B. Nyquist, Fitch, Johnson, Larson
& Held, P.A., Roseville, Minnesota, for the Appellants.
Determined by: Gary M. Hall, Judge, Patricia J. Milun, Chief
Judge, Sean M. Quinn, Judge.
Compensation Judge: Grant Hartman
Affirmed.
OPINION
GARY
M. HALL, Judge.
The
employer and insurer appeal the compensation judge’s
finding that the employee’s bilateral hernia condition
was causally related to his work injury. We affirm.
BACKGROUND
On
September 26, 2018, Dick Wilkins, the employee, was injured
while working as a forklift operator for United States
Distilled Products, the employer, which was insured for
workers’ compensation liability by Great American
Insurance. The employee was picking up a case weighing about
30 pounds when his right foot was caught under a pallet. He
lost his balance and twisted his back while still holding the
case, experiencing a burning sensation in his left groin. He
reported the injury to his supervisor on that date and
completed an incident report, describing the injury as a left
groin pull and abdominal strain. He did not seek medical
attention initially and continued his regular duty work. The
employee testified that he continued to experience some
discomfort in his left groin, that he curtailed his hobbies
and household chores, and that he experienced increased pain
over time.
The
employee first treated for left groin pain on March 8, 2019,
with Dr. Kevin Stiles, who diagnosed the employee with a
hernia, gave him light duty restrictions, and referred the
employee to a general surgeon. On a fitness-for-duty form
completed on March 11, 2019, Dr. Stiles listed the date the
employee’s condition began as September 26, 2018. A
first report of injury completed on March 12, 2019, listed
the employee’s hernia diagnosis from Dr. Stiles.
The
employee was evaluated...
