Holliday v. Rush Products Division of Lake Center Industries

This is another of a series of cases where the majority of the Workers’ Compensation Court of Appeals rejects the report of an attending physician and adopts the views of an expert, hired by the employee’s lawyer for purposes of litigation, who first examined the employee a year and four months after she permanently left her job.

It is undisputed this employee’s initial back problem was a degenerative narrowing of the disc space in the lower spine and she suffered from a combination of disabilities unrelated to her work. She was in 1975 58 years of age, 5-foot-3V2 inches in height, and weighed…