Name
Hoututl Waaaking v. Wal-Mart Associates, Inc.
Insurance Company
Self Insured
Date Decided
June 29, 2026
Panel Members
Donald Murphy
Katherine Gatti Rooks
Christine Smith
Categories
Pre-Existing Injury Reinstatement Pre-Existing Injury ReinstatementTags
File Size
219 KB
DownloadSummary from the Troubh Heisler Attorneys
Hoututl Waaaking v. Wal-Mart Associates, Inc- where it is within the province of the ALJ to accept or reject witness and medical testimony, the ALJ did not err by accepting the conclusions of Dr. Curtis that the employee's spinal pars defect was a preexisting condition and the work injury was a myofascial strain which resolved within months, over the opinion of the employee's family doctor who opined the pars defect was fractured by the heavy lifting the employee performed on his first day of work. Further, the ALJ did not err in denying a sec. 218 reinstatement requests where the family physician stated the employee's unrelated mental health condition might prevent the employee from ever returning to work for Wal-Mart.