Petitioner's inaccurate history to his doctor leads to finding of no causal connection

Mark Vizza received a decision from the Illinois Workers' Compensation Commission affirming the decision of Arbitrator Prieto in its entirety. David Bratcher v. Proviso East High School District 209 .  Arbitrator Prieto had found that the petitioner's present condition of ill-being was not related to his accident arising out of and in the course of his employment on September 29, 2003.

The petitioner had testified that on the evening of September 29, 2003, he had suffered an accident arising out of and in the course of his employment. The petitioner did testify that he had prior back surgery in 2001.

A two-level fusion was recommended at that time, however the treating doctor proceeded with only a one-level fusion. The petitioner testified that upon his return to work, he performed the same job duties. However, he had to take days off because his back hurt, he would have back pain and leg pain, and was in constant pain.

He testified that his pain was getting progressively worse from his return to work in December 2001 through the date of the accident. On the morning of the accident, approximately 12 hours before the alleged accident, the petitioner called Loyola University Health System and requested an appointment for the next day. He indicated he was still having back and leg pain.

The arbitrator found that the petitioner did not provide his treating doctor with an accurate history of his condition. The petitioner's IME physician found that there was no substantial difference between the records in 2001 and the records reviewed in 2004. He testified there were no objective changes in the petitioner's condition between 2001 and the re-examination in 2004.