Transport Associates v. Butler

OPINION OF THE COURT

Claimant, a truck driver, injured his back while lifting an ink drum at work on January 10, 1990. Thereafter, he complained of leg and back pain. His family physician, Dr. McClure, diagnosed a muscle strain and referred him to Dr. Hubbard, an orthopedic surgeon. Dr. Hubbard diagnosed the condition as a temporary muscle spasm and recommended that claimant return to work. When he examined claimant, in January, 1990, he did not believe that claimant was a candidate for surgery.

Dissatisfied with the prior medical opinions, claimant began treatment with Dr. Ma-lik, another…