McClune

Steve McClune contests the Workers’ Compensation Appeals Board’s (the WCAB) denial of his petition for reconsideration of his workers’ compensation claim.

I

McClune began his employment with Accoustical Material Services (AMS) in May 1991. His duties as a truck driver included loading and unloading drywall, steel and mud. Although McClune did not miss one day of work, he filed a workers’ compensation claim in 1996 alleging cumulative trauma to his left leg and hip.

AMS and its insurer, CNA Insurance Company, denied the claim on the ground the injury was not caused by his employment. The WCAB heard the matter in March 1997. McClune’s expert witness testified the injury was caused by cumulative and repetitive trauma while McClune was employed by AMS. He explained McClune had no symptoms prior to his AMS employment and passed a pre-employment physical.

AMS and CNA’s expert witness opined McClune’s condition was the natural progression of a preexisting, nonindustrial-related osteoarthritis. He supported his testimony with McClune’s medical records indicating McClune reported severe left hip degenerative arthritis pain in 1993. Moreover, the records showed the arthritic…