Griffin

BACKGROUND

Appellant was hired as a temporary employee and worked one day, December 7, 2009. Although appellant claimed that he experienced severe low back pain the next day, he did not seek treatment until December 11, 2009. Appellant notified the employer of the alleged industrial injury on December 15, 2009. Thereafter, appellant retained respondent to represent him in pursuing a claim for workers’ compensation benefits. John Branscum, M.D., examined appellant and prepared a qualified medical evaluation. Dr. Branscum reviewed appellant’s medical records pertaining to this particular injury. Appellant described the event, his current symptoms, and past medical history during the examination. Dr. Branscum noted that appellant denied having any prior symptoms, injuries or disability to his low back; having any prior work-related injuries; or being the recipient of any prior industrial or nonindustrial awards or settlements. Based on his examination and the information provided to him, Dr. Branscum concluded that appellant “strained his back on December 7, 2009 and therefore, the injury is AOE/COE,” i.e., the injury arose out of appellant’s employment.

2. Appellant began…