WORKERS COMPENSATION CASE WATCH
In a November 19, 2019 Review, the Full Commission held in Bayne v. Horizon Behavioral Health that the claimant did not establish a mechanical change as a result of her accident, and therefore, did not establish a compensable injury.
The claimant, a clinical mental health examiner, alleged an injury to her low back as a result of an eight-year old child charging into her ten to fifteen times, causing her back to strike a horizontal door handle. The claimant had a history of four lumbar surgeries prior to this incident. The claimant testified that she felt a sharp increase in pain as a result of this incident. In affirming the Deputy Commissioner’s denial, the Full Commission cited Dr. Vanichkachorn, who treated the claimant before and after the alleged work accident. The doctor opined that there was no evidence of any structural or mechanical change in comparing diagnostic studies taken before versus after the incident. He opined