THE CITY OF MANTECA, Permissibly Self-Insured, Adjusted By MUNICIPAL POOLING AUTHORITY RUTH MORRIS WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUTH MORRIS, Applicant,vs.THE CITY OF MANTECA, Permissibly Self-Insured, Adjusted By MUNICIPAL POOLING AUTHORITY,Defendants,Case No. STK 0134957OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant seeks reconsideration of the Findings and Order of May 10, 2007, in which the workers’ compensation administrative law judge (WCJ) found, in relevant part, that applicant did not sustain further injury as a compensable consequence of her industrial injury as a result of a fall which occurred on January 28, 2006. Applicant contends, in substance, that she established that the Neurontin she was taking because of her industrial neck injury of July 14, 1997 either caused or contributed to the fall in which she injured herself on January 28, 2006, that the W¿J gave invalid reasons to deny the compensable consequence injury of January 28, 2006, and that the medical evidence establishes that her fall was caused by side-effects, including vertigo and dizziness, which applicant suffered as a result of taking Neurontin. Defendant filed an answer. As a result of the 1997 industrial injury to her neck, applicant has undergone multiple surgeries to her cervical spine. Subsequently, applicant developed problems with pain medications, which eventually resulted in the need for detoxification and trials with alternative medications, including Neurontin.’ 1 Neurontin is an anti-seizure drug and is also used to relieve nerve pain associated with shingles. Side-effects may include, among others, drowsiness, dizziness, unsteadiness, fatigue, and vision changes. (Source: wcbmd.com ) , The WCJ states in his Report that he relied principally “upon the Court’s observation of applicant’s manner and demeanor in the course of her testimony in finding that applicant
Ruth Morris vs. The City Of Manteca, Permissibly Self-insured, Adjusted By Municipal Pooling Authority
In this case, the applicant, Ruth Morris, sought reconsideration of a decision by the workers’ compensation administrative law judge (WCJ) that she did not sustain further injury as a compensable consequence of her industrial injury as a result of a fall which occurred on January 28, 2006. The WCJ had relied principally on the applicant’s manner and demeanor in the course of her testimony in finding that she had not borne her burden of proving that her fall was a compensable consequence of her industrial injury. The applicant argued that she established that the Neurontin she was taking because of her industrial neck injury of July 14, 1997 either caused or contributed to the fall in which she injured herself on January 28, 2006.
- Filed On:
- Court: California, San Francisco
- Case No. STK0134957
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