June 28, 2023
MICHAEL RAY Petitioner vs. OHIO SECURITY INSURANCE CO
Summary: Petitioner alleges that his industrial accident caused a left shoulder injury and a permanent aggravation to his preexisting cervical spine condition.
Held: Respondent is not liable for Petitioner’s left shoulder injury nor his cervical spine condition because Petitioner failed to meet his burden of proving that his industrial accident caused his left shoulder injury nor that his industrial accident caused an aggravation to his cervical spine condition. Because neither Petitioner nor his wife was a credible witness, this Court was not convinced that Petitioner’s symptoms started with his industrial accident. In turn, because the physicians on whom Petitioner relied for his medical causation opinions based their opinions on Petitioner’s history, this Court did not give their opinions any weight. Moreover, the physician on whom Petitioner relied for his medical causation opinion regarding his cervical spine condition opined that the industrial accident did not aggravate his preexisting cervical spine condition.