Compensability

Administrative Law Judge (ALJ) denied and dismissed claim due to strong employer witness testimony.

Claimant was a warehouse worker who claimed a specific incident from three months earlier caused lower back pain while lifting items. Claimant testified at hearing that he attempted to notify his employer he had suffered an injury when he told a supervisor he was having back pain from a non-work related motor vehicle accident several years earlier. Employer witness testimony established that claimant’s supervisors spoke with him upwards of eight times regarding his back pain and claimant denied he injured his back at work. Employer witnesses also established that claimant’s mother was a supervisor for the employer, she did not report any work injury to her colleagues on behalf of her son, and even paid some of his out of pocket expenses on his behalf. Employer witness testimony was consistent with claimant’s reporting to his providers that his pain was from a chronic and pre-existing condition. The ALJ found that no injury occurred and that any aggravating event was a continuing manifestation of claimant’s pre-existing condition.

Adam Berry v. O’Reilly Auto Parts & Safety National Casualty Corp., W.C, No 5-086-049-01 (September 18, 2019).

Would you like to know more? Contact Brad Miller or Hayleigh Lidbury at bmiller@polllartmiller.com or hlidbury@pollartmiller.com or 877-259-5693.

 

From the December 2019 Newsletter 

2020-01-13T09:22:15+00:00