State ex rel. Bea v. Kroger Co.

Kroger certified claimant’s initial C-50 workers’ compensation claim application for “strain of legs, back and neck” — the latter two encompassing the cervical back area. Commission orders, however, have uniformly listed “acute lumbosacral sprain” as the only allowed condition. It is unclear why this is so, and we find that this lack of clarity hinders further review.

Dr. Bellamy stated that a chronic pain syndrome arising from claimant’s neck/upper back was interfering with her ability to work. If cervical strain is an allowed condition, then there is no basis for the allegation that…