He did not mention a September 1995 tool box incident at that time. In January 1996, Doctors Sedden Savage and Peter Witherell at the Pain Clinic determined that the cause of claimant's pain was not clear. In February 1997 claimant was in an automobile accident in which he injured his back. In workers' compensation cases, the claimant has the burden of establishing all facts essential to the rights asserted. He must establish by sufficient credible evidence the character and extent of the injury, as well as, the causal connection between the injury and the employment.
Expert testimony is necessary to make the causal connection between the employment and the injury.
Martin v. Woodbridge, Opinion No. Claimant has failed to meet his burden of proof. The weight of the evidence does not support his assertion that a work-related incident occurred in September 1995. He never made such a statement to his health care providers back in 1995. His consistent history at the time was that the back pain began the day he went to the hospital, a Sunday, after he had helped his son ride a bike.