Oldham v. OK Iron & Metal

MEMORANDUM OPINION

RAPP, J.

¶ 1 Herschel Oldham (“Claimant”) appeals the order of the Three-Judge Panel that reversed the trial court order and held in favor of OK Iron & Metal and its insurer (“Respondent”) by finding that Claimant’s injury did not arise out of or in the course of employment.

I. Background

¶2 Claimant worked with heavy equipment. He suffered a work-related neck injury in 1991, but declined surgery until April of 1995.1 During the period between that injury and the surgery, Claimant experienced episodes when he would fall due to numbness in his legs. After a medical release,…