Davenport v. State ex rel. Workers’ Safety & Comp. Div.
In 2008-2009, Scott Davenport sought worker's compensation benefits for medical care and surgery to fuse vertebrae in his lumbar spine. The Workers' Safety and Compensation Division denied benefits on the basis that Davenport's 2008-2009 back problems were not caused by work related injuries Davenport suffered in 1984 and 1985. The Office of Administrative Hearings (OAH) upheld the Division's denial of benefits, ruling that the procedure was necessitated by a preexisting congenital defect in Davenport's lumbar spine and not his prior work related injuries. The district court affirmed the OAH decision. The Supreme Court affirmed, holding that the OAH decision was not against the overwhelming weight of the evidence and was, therefore, supported by substantial evidence in the record. View "Davenport v. State ex rel. Workers' Safety & Comp. Div." on Justia Law