The employee appeals from the compensation judge’s determination that he did not have a work-related injury to his low back and from the denial of his claim for workers’ compensation benefits.  We affirm.

BACKGROUND

Brian Thomley began working at RYT Way Industries in January 2011.  Initially, he was an employee of a temporary agency and became an employee of RYT Way on July 3, 2011.  The employee claimed that he sustained a Gillette injury or a specific injury to his low back on January 23, 2012.^[1]

The employee had a history of low back problems before his employment at RYT Way.  In June 2005, he consulted Dr. John Dowdle for low back pain that he said had started about four years previously.  Dr. Dowdle diagnosed “mechanical low back pain with facet inflammation at L4-5 and L5-S1 on the right.”  At Dr. Dowdle’s recommendation, medial branch block injections were done on the right at L4 and L5 on June 22 and June 29, 2005.  It was also noted in the records that Mr. Thomley had received chiropractic care and physical therapy for his low back problems with no improvement.

The employee went to the emergency department at Regions Hospital in February 2007 for his low back pain, which he described as worse after falling on New Years Eve.  He was given a prescription for Percocet.  He returned to Regions on April 29, 2007, and requested additional Percocet for low back pain.

In July 2007, the employee consulted with a family doctor at HealthPartners.  The history taken at that time was that “he has had chronic low back pain aggravated by his lifting at work.  He has missed two days of work.  He has had MRIs XRs, physical therapy, facet joint injections, without relief.  He would like to see a specialist for further intervention.  He has been taking Tylenol without relief.  He has tried narcotics, muscle relaxants all without relief.  Occasional radiation down his legs.  His last MRI was one month ago.”  When the employee returned to HealthPartners in November 2007, he was placed on naproxen and Flexeril.

The MRI that had been done at United Hospital in June 2007 was read as showing “mild posterior disc bulge at L3-4 and at L4-5, without nerve root distortion or high grade stenosis.”  The MRI report does not indicate who prescribed the MRI, and there are no records from that provider.  The MRI report also noted a previous MRI done in October 2002 which is not in the record.

The employee returned to HealthPartners in July 2009.  The history taken at that time notes that he was being followed by a physical medicine and rehabilitation doctor at Park Nicollet and had been referred to a pain clinic.  No information from Park Nicollet is in the record.  At HealthPartners, he complained of chronic low back pain with some “right-sided sciatica.”  The employee was given Tylenol with codeine.

On March 7, 2010, Mr. Thomley saw Dr. Tracy Jonkman at Fairview Ridges Hospital and reported that he had fallen down four steps and landed “directly on his lower back.”  He had previously been seen in the emergency room and had run out of the Percocet that he had received.  Some swelling over the lower back was noted.  He was provided Vicodin.

The employee saw Dr. Eric Trehus at HealthPartners on March 12, 2010, for his low back problems and related those problems to his fall on the steps.  It was noted that because of continued pain he was having difficulty sleeping.  He was provided hydrocodone.

The employee returned to Fairview Ridges Hospital on June 7, 2010, for low back pain, reporting a pain level of 10/10.  He was placed on an IV for pain relief and sent home with Percocet and Robaxin.  The employee treated for his low back at HealthPartners on January 12, 2011.  He stated that he hurt his back in “February 2010” and had been having intermittent back spasms.

The employee began working at the RYT Way facility as a material handler, employed by Excel Staffing, on January 21, 2011.

The medical records in evidence indicate that Mr. Thomley treated for his low back throughout 2011 on a number of occasions with different providers, primarily at HealthPartners.  In those visits, he attributed his back pain to his fall in early 2010.  Treatment consisted generally of prescriptions for pain medication.

On July 3, 2011, Mr. Thomley became employed directly by RYT Way.  He worked in shipping and receiving, but in both departments his job was to load or unload trucks with a sit-down fork lift.  The employee testified that the fork lift had no suspension system or shock absorbers and the jolting of the fork lift aggravated his back.  In contrast, his direct supervisor testified that the fork lift had “state-of-the-art” shock absorbers and adjustable seats with arm rests.

The employee was on a personal leave of absence for medical reasons unrelated to his back problems between September 7 and October 26, 2011.

The employee saw a doctor at HealthPartners for right-sided low back pain on October 24, 2011.  It was noted that he was “set up for right-sided sacroiliac injection.”  The doctor also provided a letter to excuse the employee from work until October 30 and to allow him to return to work as a fork lift driver at that time.  The employee was referred to Dr. Andrew Schakel in pain management at HealthPartners.

The employee consulted with Dr. Schakel on October 26, 2011.  Dr. Schakel arranged for the employee to have right L3, L4, and L5 medial branch blocks on November 2 and November 16, 2011.  On January 6, 2012, Dr. Schakel performed a “right L4/5 and right L5/S1 facet denervation with radiofrequency ablation.”  When the employee returned after the procedure for a follow-up appointment on January 17, he reported his pain level had improved for only two days.  Dr. Schakel recommended physical therapy, home exercises, and additional medication.

The employee went to Fairview Ridges Hospital on January 23, 2012, for back pain and provided a history of “back injury one year ago.”  He advised the doctor that since his most recent medial block, “he has had worse ‘burning’ pain radiating down his right leg that ends at his knee with new numbness and tingling.”  No mention was made by the employee of any injury at work on that date and he did not attribute any of his symptoms to his work duties.  A lumbar MRI showed a “L4-5 far lateral right posterior disc bulge, more prominent than on the previous exam.”  No surgical intervention was considered necessary since no significant nerve injury was shown on the MRI.  He was given work restrictions and told to follow up with his doctor.

Mr. Thomley returned to see Dr. Trehus at HealthPartners on January 24 and was referred for a surgical consultation.  Dr. Trehus also wrote a letter advising that the employee should not use a fork lift until there was a further evaluation.  The employee went to the emergency room at United Hospital on January 29 and 30, 2012, for his back pain and received pain medication.

At some point, the employee saw Dr. Richard Davis, a neurosurgeon at HealthPartners.  An operative note from Regions Hospital states that the employee had a hemilaminotomy and foraminotomy at L4 and L5 on February 28, 2012.  Dr. Davis completed a health care provider’s report on April 18, 2012 in which he indicated that the employee’s condition was related to his employment.  No other records from Dr. Davis are in evidence.  The employee apparently treated with Physicians Neck & Back Clinic after his surgery but the nature of any treatment there is not in the record.

Dr. Trehus provided a report dated November 28, 2012 in which he stated that “it is a definite case of work related injury.”  Dr. Trehus referred to the changes in the MRI reports between 2011 and 2012 as well as the nature of the employee’s work as a fork lift driver and concluded that “there is no doubt in my mind this is a Gillette type work related injury.”

The employee filed a claim petition in April 2012, alleging he was entitled to benefits as a result of a work injury at RYT Way on January 23, 2012.  The employer and insurer denied primary liability in their response.

The employee was evaluated by Dr. Loren Vorlicky on July 10, 2012, on behalf of the employer and insurer.  Dr. Vorlicky had available the medical records referenced above, and was provided with additional records from Dr. Davis and other postoperative records. Dr. Vorlicky concluded in his August 6, 2012, report that “in my opinion there is no evidence to suggest Mr. Thomley sustained a specific injury on or about January 23, 2012.  There is no evidence to suggest a Gillette injury occurred due to his work activities at Ryt-Way.  The medical record indicates that he has been treated for low back pain on a rather chronic basis beginning back as far as 2005.  There is no documentation of any work-related injury be it specific or Gillette.”

The employee’s claim petition was heard by Compensation Judge Nancy Olson on April 17, 2013.  In addition to medical records and reports, the compensation judge also considered the testimony given by the employee, Peggy Anderson, human resources manager for the employer, and Christian Munguia, the employee’s supervisor at RYT Way.

In her findings and order issued June 14, 2013, the compensation judge determined that the employee had not met his burden of proof in establishing either a specific or Gillette injury on January 23, 2012.  The compensation judge accepted the testimony of Mr. Munguia over that of the employee on the nature of his fork lift driving as well as physical activity required in the job.  The compensation judge also specifically adopted the opinions of Dr. Vorlicky.  The employee’s claims were denied.  The employee has appealed.^[2]

The compensation judge concluded that the employee had failed to meet his burden of proof in establishing a work-related low back injury at RYT Way.  The employee argues on appeal that the compensation judge’s decision is not supported by substantial evidence.  Specifically, the employee argues that the compensation judge erred in adopting the opinion of Dr. Vorlicky and in rejecting the opinion of the employee’s treating doctor, Dr. Trehus.

To prove a Gillette injury, the employee must demonstrate “a causal connection between [the employee’s] ordinary work and ensuing disability.”  Steffen v. Target Stores, 517 N.W.2d 579, 581, 50 W.C.D. 464, 467 (Minn. 1994).  “The question of a Gillette injury primarily depends on medical evidence.”  Marose v. Maislin Transport, 413 N.W.2d 507, 512, 40 W.C.D. 175, 182 (Minn. 1987).

The IME doctor, Dr. Vorlicky, examined the employee and took a history from him.  Dr. Vorlicky also reviewed medical records pre-dating the employee’s employment at RYT Way.  The information considered by Dr. Vorlicky was sufficient to provide foundation for his opinion.  Scott v. Southview Chevrolet Co., 267 N.W.2d 185, 188, 30 W.C.D. 426, 430 (Minn. 1987); Schaar v. Andersen Corp., slip op. (W.C.C.A. Sept. 10, 2004).

In expressing his opinion on causation in his report, Dr. Vorlicky used the phrase “there is no evidence.”  On appeal, the employee argues that since there was evidence to support a Gillette claim, specifically the opinion of Dr. Trehus, Dr. Vorlicky was obviously wrong in saying there was no evidence and he should not have been relied upon by the compensation judge.

We find no evidentiary basis for this interpretation of Dr. Vorlicky’s opinion.  Dr. Vorlicky was well aware of the employee’s claim of a Gillette injury, and he concluded that the claim was not supported by the medical evidence, i.e., there was no evidence of a Gillette injury.  Dr. Vorlicky’s opinion was clear and we see no reason for any confusion as to his opinion.

Further, in order for the employee to prevail, it is not sufficient to challenge Dr. Vorlicky’s opinion.  The employee is obligated to establish his claim by a preponderance of the evidence.  Minn. Stat. § 176.021, subd. 1.  The compensation judge in the present case determined the employee had not met his burden of proof.

In her memorandum, the compensation judge provided her reasons for not accepting the employee’s claim.  She noted that the medical records showed the employee had significant low back problems long before his employment at RYT Way, and the surgery in early 2012 was part of a course of treatment that began after his fall in early 2010.  The employee never attributed any part of his back problems to his work either in his interaction with medical personnel or in conversations with his supervisors at RYT Way.

The compensation judge also questioned the adequacy of the information possessed by Dr. Trehus when he provided his opinion.  She noted that it was not clear that Dr. Trehus had available records from the numerous providers the employee saw beginning in 2005.  She also commented that the employee’s appointments in 2011 for the medial branch blocks took place when the employee was off work for a personal leave of absence.  Finally, Mr. Thomley’s forklift work was done for two different employers and there is no medical opinion that the four months he actually worked for RYT Way was a substantial contributing factor in aggravating his low back condition.  The compensation judge’s conclusion that the employee failed to establish his claim by a preponderance of the evidence is supported by substantial evidence.

The compensation judge’s decision is affirmed.