Brad Miller and Andres Hermosillo recently prevailed on a claim in Utah. The claimant initially argued that she suffered an upper extremity injury as a result of strenuous repetitive work over the first week of her employment in a meat packing plant. Claimant subsequently attempted to change her story and argue that the injury occurred when a supervisor pulled on her arm when showing her how to perform her job duties. Claimant’s changed story lacked credibility.
Respondents argued that there was no need for a medical panel referral before the ALJ could reach a decision on the claim. Specifically, claimant failed to produce any medical evidence that she sustained an injury from her supervisor pulling on her arm. The ALJ agreed with this argument and denied the claim without referring the claim to a medical panel.
This claim confirms the legal principle that an ALJ can deny a claim without a medical panel referral if there is no medical support for the claim in the medical records exhibit.
WC 17-0195: February 6, 2018 SFFCLO (ALJ Colleen Trayner)
If you have any questions regarding this case, please contact Mr. Miller at firstname.lastname@example.org or Mr. Hermosillo at email@example.com. Both Mr. Miller and Mr. Hermosillo can also be reached at 720.488.9586.