Wal-Mart Stores v. Indus. Claims Office, No. 99CA0028.
| Docket Nº | No. 99CA0028. |
| Citation | 989 P.2d 251 |
| Case Date | September 30, 1999 |
| Court | Court of Appeals of Colorado |
989 P.2d 251
WAL-MART STORES, INC., and Insurance Company of the State of Pennsylvania, Petitioners,v.
The INDUSTRIAL CLAIMS OFFICE OF THE STATE OF COLORADO and Danielle M. Grigsby, Respondents
No. 99CA0028.
Colorado Court of Appeals, Div. II.
September 30, 1999.
Withers, Seidman & Rice, P.C., Christopher Seidman, Grand Junction, Colorado, for Respondent Danielle M. Grigsby.
No Appearance for Respondent Industrial Claim Appeals Office.
Opinion by Judge VOGT.
In this workers' compensation proceeding, Wal-Mart Stores, Inc., and its insurer, Insurance Company of the State of Pennsylvania (collectively, employer), seek review of a final order of the Industrial Claim Appeals Office (Panel) affirming the determination of the Administrative Law Judge (ALJ) that Danielle M. Grigsby (claimant) was entitled to medical benefits for treatment of a neck condition. We affirm.
Claimant sought medical benefits for evaluation and treatment of her neck pain. Employer refused to pay, contending that her neck pain was not work-related.
Following a hearing, the ALJ concluded that, on or about December 1, 1996, claimant had sustained a "work-related injury or occupational disease" causing upper extremity and neck pain. He ordered employer to pay for the medical care necessary to evaluate and treat claimant's neck condition. The Panel affirmed.
I.
Employer argues that there was no substantial evidence to support the ALJ's determination that claimant's neck pain was work-related. We disagree.
A claimant seeking benefits for an occupational disease must establish the existence of the disease and that it was directly and proximately caused by the claimant's employment or working conditions. See Cowin & Co. v. Medina, 860 P.2d 535 (Colo. App.1992); § 8-40-201(14), C.R.S.1999.
If substantial evidence supports the ALJ's conclusion that a claimant's condition is work-related, that determination may not be disturbed on review. City of Durango v. Dunagan, 939 P.2d 496 (Colo.App.1997); see also § 8-43-308, C.R.S.1999. Further, the ALJ's resolution of conflicts in the evidence, credibility determinations, and plausible inferences drawn from the evidence are binding on review. Dover Elevator Co. v. Industrial Claim Appeals Office, 961 P.2d 1141 (Colo.App.1998).
In this case, claimant whom the ALJ expressly found credible testified that she began having neck pain, wrist pain, and tingling in her fingers at the end of 1996, and that she thought those problems were related to heavy lifting and repetitive movements required by her employment.
Although claimant's initial complaints related primarily to her hands and wrists, a neurologist and a physical therapist documented symptoms of neck pain and cervical spasms by early February 1997.
The deposition testimony of claimant's treating physician, while subject to...
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Sanchez v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 16CA1085
...determinations of the ALJ, if they are supported by substantial evidence in the record."); Wal-Mart Stores, Inc. v. Indus.Claims Office , 989 P.2d 251, 252 (Colo. App. 1999) ("If substantial evidence supports the ALJ's conclusion that a claimant's condition is work-related, that determinati......
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Cordova v. INDUST. CLAIM APPEALS OFFICE, No. 01CA0852.
...evidence, credibility determinations, and the plausible inferences drawn from the record. Wal-Mart Stores, Inc. v. Indus. Claims Office, 989 P.2d 251 (Colo. App.1999). Further, the weight and credibility to be accorded an expert medical opinion is a matter within the discretion of the ALJ. ......
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Jarosinski v. Indust. Claim Appeals Office, No. 02CA0332.
...if supported by substantial evidence in the record. Section 8-43-301(8); Wal-Mart Stores, 62 P.3d 1085 Inc. v. Indus. Claims Office, 989 P.2d 251 Here, the ALJ found that claimant was depressed because of the results of the March 2000 hearing and the adverse ruling entered after that hearin......
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Matter of Woodson v. Continental Airlines, W. C. No. 4-500-568 (Colo. 12/29/2003), W. C. No. 4-500-568.
...sole prerogative to assess the credibility and probative value of the evidence. Wal-Mart Stores, Inc. v. Industrial Claim Appeals Office, 989 P.2d 251 (Colo. App. We have reviewed the record and the ALJ's findings of fact. The ALJ's findings are sufficient to permit appellate review, and th......
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Sanchez v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 16CA1085
...determinations of the ALJ, if they are supported by substantial evidence in the record."); Wal-Mart Stores, Inc. v. Indus.Claims Office , 989 P.2d 251, 252 (Colo. App. 1999) ("If substantial evidence supports the ALJ's conclusion that a claimant's condition is work-related, that determinati......
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Cordova v. INDUST. CLAIM APPEALS OFFICE, No. 01CA0852.
...evidence, credibility determinations, and the plausible inferences drawn from the record. Wal-Mart Stores, Inc. v. Indus. Claims Office, 989 P.2d 251 (Colo. App.1999). Further, the weight and credibility to be accorded an expert medical opinion is a matter within the discretion of the ALJ. ......
-
Jarosinski v. Indust. Claim Appeals Office, No. 02CA0332.
...if supported by substantial evidence in the record. Section 8-43-301(8); Wal-Mart Stores, 62 P.3d 1085 Inc. v. Indus. Claims Office, 989 P.2d 251 Here, the ALJ found that claimant was depressed because of the results of the March 2000 hearing and the adverse ruling entered after that hearin......
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Matter of Woodson v. Continental Airlines, W. C. No. 4-500-568 (Colo. 12/29/2003), W. C. No. 4-500-568.
...sole prerogative to assess the credibility and probative value of the evidence. Wal-Mart Stores, Inc. v. Industrial Claim Appeals Office, 989 P.2d 251 (Colo. App. We have reviewed the record and the ALJ's findings of fact. The ALJ's findings are sufficient to permit appellate review, and th......