SAIF Corp. v. Cruz

Employer seeks review of an order of the Workers’ Compensation Board determining that claimant has established a compensable back injury. Claimant has filed a cross-petition, contending that the Board erred in failing to assess a penalty for employer’s withholding of claimant’s statement. We affirm on the petition and reverse and remand on the cross-petition.

Claimant felt a “pull” in his back on the left side while pulling a roll of shingles at work. He later felt pain in that area and sought medical care. A doctor diagnosed “left upper back strain” on the basis of claimant’s complaints and a…