Acker v. Charles R. Burklew Construction

KAHN, Judge.

Appellant Howard Acker seeks review of a compensation order finding his neck injury to be noncompensable. On April 21, 1992, Mr. Acker, then employed by appellee Burklew as a carpenter at a home construction site, had an onset of neck pain, accompanied by restriction of neck motion and muscle spasm. The evidence in this case is that Acker had preexisting degenerative arthritis in his neck, which had not caused any symptoms or problems prior to April 21, 1992. Burklew took the position that Acker’s neck pain on the job was purely fortuitous and not causally related to his…