Warren v. A.D. Transport, 2018 ACO#25

1. PROCEDURAL HISTORY
a. Magistrate Boyle granted an open award WCAC utilizes “de novo” review and reverses

2. FACTS
a. Plaintiff was a semi-truck driver who injured back disconnecting tractor trailer –January 2013
b. Plaintiff was rear-ended –April 2013
c. Treater vs. IME history is different
d. Prior history of injury not given to treater and Magistrate’s decision was based upon treater’s conclusions lacking that info

3. DECISION
a. WCAC reverses based on §301(1) & Rakestraw
b. Magistrate Boyle relied on treater’s testimony which relied upon incomplete theory coming to conclusions regarding causal relationship
c. Due to his reliance on the treater, the Magistrate did not do an analysis per Rakestraw, as was necessary