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Kensington Manufacturing Co. v. Worker's Compensation Appeal Board

Because the causal connection between a workers compensation claimants injury and her employment was not obvious and because the hearsay evidence she presented relating to that causal connection was not corroborated by competent medical evidence, she failed to meet the burden of showing that her medical expenses were causally related to her work injury.

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SUBMITTED: September 29, 2000

Kensington Manufacturing Company (employer) and its workers’ compensation insurance carrier, The PMA Group (PMA), appeal from an order of the Workers’ Compensation Appeal Board (Board) which reversed the decision of a Workers’ Compensation Judge (WCJ). The WCJ had dismissed a petition to review medical treatment filed by Mary Walker (claimant).

On February 19, 1990, claimant experienced lower back pain radiating down to her right leg while standing at her workstation during the course of her employment with employer. Pursuant to an agreement for compensation, claimant began receiving total disability benefits effective February 23, 1990. The agreement described claimant’s injury as “lower back pain and right leg numbness.” Thereafter, claimant’s status varied between suspended, partial and total disability. As a result of her injury, however, claimant underwent an anterior discectomy and fusion at the L-4, L-5 level of the spine and total disability benefits were reinstated as of the date of the surgical procedure, June 8, 1992. Following surgery, claimant complained of bowel, bladder, intestine and stomach problems. Claimant underwent a second operative procedure on June 13, 1992, to address these complaints.

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