Because of the delay in seeking medical attention, the temporal relationship between the two is not strong. Nevertheless, I have accepted the worker’s testimony that he did not usually go to the doctor for injuries in the past, and he hoped his symptoms would improve. I am prepared to accept the worker’s evidence that his lower back symptoms became worse and worse until he finally decided to seek medical attention for them. Given the supervisor’s statement of the distance the worker fell, and applying the test in Faryna v. Chorny, I consider it is more likely that the worker sustained an injury than the notion that he might have injured his low back elsewhere. I also accept, as did the previous panel, that the worker’s pain was genuine. I observe that he was examined by several physicians over the course of many months, and at all times he described his symptoms in a consistent manner, and the clinical examination findings were also similar.
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