UPS driver alleged several injuries related to delivering packages
A medical evaluator’s report, which stated that the existence of a cumulative injury was a speculative concept, was not substantial evidence on the issue of whether an employee suffered cumulative injuries, a workers’ compensation panel said.
In the case of Kirkland vs. United Parcel Service and Liberty Mutual Insurance, United Parcel Service (UPS) employed the applicant as a package driver. He filed two workers’ compensation claims: the first alleged cumulative injuries to both shoulders during the period from May 10, 2013 to Jan. 31, 2014, while the second alleged right shoulder injury on Feb. 6, 2014.
A March 2015 report from Dr. Leo Van Dolson, the qualified medical evaluator, found that the applicant’s shoulder injury was non-industrial. Regarding the cumulative injury claim, the doctor said that the idea that activity at work typically injured one’s joints and the structures around the joints was generally “a bogus concept.”
In October 2015, the workers’ compensation administrative law judge approved the parties’ stipulations, which settled both claims and which were based on Dr. Van Dolson’s report. These stipulations stated that the shoulder injury did not cause the applicant any permanent disability, that there was no need for medical treatment, and that the applicant was entitled to future medical care upon demand.
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