A-23-0021, May v. Flanders v. Walmart, Inc. (Appellant)
Lancaster County, District Court Judge Lori A. Maret
Attorney for Appellant: Jenna M. Christensen (Caswell, Panko & Westerhold, LLC)
Attorney for Appellee Flanders: Sarah N. Boston (McAnany Van Cleave & Phillips, P.A.)
Attorney for Appellee May: Jon Rehm (Rehm, Moore & Rehm P.C., L.L.O.)
Civil: Workers’ Compensation
Action Taken by Trial Court: The Workers’ Compensation Court found that May did not prove that he sustained an injury while employed with Flanders on May 1, 2020; that May sustained a recurrence of a 2018 work-related injury suffered during employment with Walmart; and that Walmart was responsible for payment of May’s past and future medical expenses.
Assignments of Error on Appeal: Appellant Walmart assigns that the Workers’ Compensation Court erred in (1) finding that May met his burden to prove that his current condition is a recurrence of his 2018 injury because there is no legally sufficient medical opinion in the record supporting that conclusion; (2) finding May’s current injuries were a recurrence of his 2018 work-related accident at Walmart; and (3) ordering Walmart to pay May’s past medical expenses.