ALJ Denies Compensability Where Fall at Work Was Caused by Pre-Existing Condition

Claimant was a customer service representative, who was walking outside the office building on her way to lunch when she fell on some stairs and injured her bilateral upper extremities.  Claimant alleged it was an unexplained fall and therefore compensable.  However, claimant provided a recorded statement several days after her fall and reported to the claims adjuster that she suffered from pre-existing balance issues.  In the recorded statement, claimant stated that the cause of her fall was likely due to her balance issues.  At the hearing, the claimant denied her balance issues caused her fall.  The ALJ found claimant’s initial statements to the claims adjuster regarding causation more persuasive than her testimony and denied and dismissed the claim.

Would you like to know more? Contact Amanda J. Branson at abranson@pollartmiller.com or 720-488-9586.

 

From the January 2018 Pollart Miller Newsletter

2019-01-29T09:21:50-07:00