Commission Affirms Arbitrator's Finding Of No Causal Connection After Gap In Treatment

Robert Hoffman, an associate in the Bloomington/Normal office, received a Commission's decision in R. Youngblood vs. Floyde Black Construction affirming Arbitrator Teague's decision which was in the respondent’s favor.

The petitioner was in a motor vehicle accident on November 23, 1998. He was treated and released without restrictions the same day. He continued to work as a laborer for Floyde Black Construction until November of 2000 when he retired. After he retired, he began treating for neck and low back problems. He ultimately had a 2 level cervical surgery and received injections in for his lower back. Arbitrator Teague ruled that the petitioner's neck and back problems were not causally related to the work accident primarily due to the lapse of time between accident & treatment. In so doing, she specifically rejected the opinions of the treaters who cared for the neck and back problems after the petitioner's retirement.

The case was tried on December 22, 2004, and Arbitrator Teague entered her decision on January 25, 2005. Oral argument on this matter was not held until September 14, 2006. The Commission's decision was 2 - 1 with Commissioners Basurto & Rink ruling in the employer’s favor and Commissioner Gore dissenting. In his dissent, Commissioner Gore attempts to shift the burden of proof in this matter from the petitioner to the respondent.