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Becirovic v. Walmart Stores, Inc.

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Wednesday, November 13, 2013

A-13-0211, Fadila Becirovic (Appellant) v. Walmart Stores, Inc.

Workers’ Compensation Court, Judge Daniel R. Fridrich

Attorney for Appellant:  Edward W. Hasenjager

Attorney for Appellee:  Jennifer S. Caswell (Ritsema & Lyon,  P.C.)

Workers’ Compensation

Action Taken by Trial Court:  The trial court dismissed Becirovic’s Petition finding she failed to meet her burden of proof that she had an accident that arose out of her employment with Walmart.

Assignments of Error on Appeal:  Becirovic assigns that the trial court erred in: (1) finding that Becirovic’s accident did not arise from her employment but rather from a natural progression of her spondylolisthesis; (2) finding Becirovic “seemed to argue” that the “myriad of symptoms” she complained of following her epidural steroid injection of May 24, 2010, were related to the injection itself where the record itself fails to support such a finding; (3) finding that Becirovic’s never missing work due to back pain prior to March 14,2010, does not address the causation issue; (4) finding that the MRI films support Dr. McClellan’s opinion as to causation and undermines Dr. Taylon’s; and (5) finding and giving consideration to the notion that Dr. McClellan was somehow more objective than Dr. Taylon for opining that Becirovic’s injury was not work-related thereby depriving him of a monetary gain of being paid by workers compensation for doing surgery.

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