Smith v. Commercial Trucking Co.

ON PETITION FOR WRIT OF CERTIORARI

WALLER, Justice,

for the Court:

¶ 1. Smith, a manual laborer, injured his back at his employment while changing *1083■truck tire's. He saw three physicians who diagnosed acute lumbar strain and no permanent injury. Continuing to experience pain and inability to function, Smith, with the assistance of his attorney, saw a fourth physician who performed a second MRI and a myelogram as well as other tests. These tests indicated a herniated disc, and this physician assessed permanent injury and disability and recommended corrective surgery.

¶ 2. The ALJ found no permanent…