Coon, Gerald v. Commercial Warehouse and Cartage, Inc.
Gerald C. Coon, an employee, filed a request for temporary disability and medical benefits after an alleged back injury on September 22, 2017, due to a malfunctioning safety lanyard at Commercial Warehouse and Cartage, Inc. (CWC). Mr. Coon claimed continuous pain and denial of medical treatment by CWC. However, CWC witnesses testified Mr. Coon did not exhibit pain or request medical care until November 19, 2017. The Court found Mr. Coon's testimony not credible. Medical opinions varied, with Dr. Robert Carver, a panel physician, determining Mr. Coon's conditions (degenerative disc disease and lumbosacral radiculopathy) were not work-related. Dr. William M. Gavigan diagnosed a work-related lumbar strain but a non-work-related disc herniation. The Court credited Dr. Gavigan's opinion as most persuasive, confining the compensable injury to a lumbar strain, and found Mr. Coon unlikely to prevail on entitlement to additional medical treatment or temporary disability benefits, as no doctor took him off work for the strain. The Court, therefore, denied Mr. Coon's request for benefits.