Tried 5/24/2011; Award date 7/13/2011
Facts: Claimant Richard Slivka alleged a fall while alone at work. He did not notify his employer of the fall. Soon thereafter, he began to have pain in his buttocks and was treated for an infection that turned into gangrene. During the course of treatment for gangrene, it was determined Mr. Slivka had rectal cancer. Mr. Slivka was never deposed before he passed away from the rectal cancer approximately 18 months following the fall.
His widow was properly substituted as a party and took the case to hearing. Employer/Insurer objected to any portion of the medical record history that described where the fall took place as being hearsay and not necessary for treatment.
Findings: The Division sustained the objection and ruled there was no evidence submitted by the claimant/widow of a compensable accident, so all benefits were denied.
Michael D. Mayes represented the Employer, Lost Treasure Golf, and its Insurer.