ALJ Rejects Claim Despite Occurrence of Admitted Motor Vehicle Accident

Brad Miller recently prevailed on a claim in Colorado involving an admitted motor vehicle accident.  The claimant was driving a bus which was involved in an accident with another vehicle.  The claimant argued that he injured his neck as a result of the impact and also due to jerking the wheel to try and avoid the incident.

Respondents hired a biomechanical expert who testified that the impact involved with the accident would have been less traumatic than normal activities such as walking up a flight of stairs.  The biomechanical expert also testified that there was not enough force involved with the incident to cause any significant impact to claimant’s body and neck.  Respondents also presented video of the accident taken from inside the bus which demonstrated that there was not any significant impact on the claimant.

The ALJ found that although claimant was involved in an accident at work, there was no resulting injury or need for medical treatment.  The ALJ denied the claim finding that there was no work injury.

WC 5-060-070-01 May 8, 2018 (ALJ Margot Jones)

If you have any questions regarding this case, please contact Mr. Miller at bmiller@pollartmiller.com.  Mr. Miller can also be reached at 720.488.9586.

 

From the May 2018 Pollart Miller Newsletter

2019-01-29T08:53:13-07:00