The Claimant alleged that he sustained various injuries to the left leg, right knee, left knee, neck, left shoulder, entire back, left wrist, right wrist, and right elbow while loading cargo into a truck. The Board found the neck, back and left shoulder as established sites by prima facie evidence. The Claimant failed to report prior injuries to the established sites during his medical examinations addressing his alleged injuries resulting from his instant claim.
LOIS attorney Leann Youngworth-Wright took depositions of the Claimant’s treating physicians and independent medical examiners on the issue of casually related neck, back and left shoulder injuries. The depositions revealed the Claimant’s lack of credibility in relaying his prior injuries to the medical providers as each received differing accident histories from the Claimant. The Board set a hearing for March 24, 2023 to address the issues of mechanisms of injury, sites of injury, prior accidents/injuries, causality and the degree of disability of the neck, back and left shoulder.
At the March 24, 2023 hearing, the Judge commenced by directing Claimant testimony. The Claimant testified that as a result of the incident that occurred on the alleged date of loss, the Claimant sustained injuries to the left leg, right knee, left knee, neck, left shoulder, his entire back, left wrist, right wrist, and right elbow. Notably, the Claimant conceded that he had prior injuries to the spine, knee, left arm and left shoulder and that the Claimant did not report any prior treatment to the neck or left shoulder during his medical exams for the alleged injuries that occurred on the purported date of loss.
On cross-examination, questioning was directed to the Claimant regarding the facts surrounding the mechanisms of injury on the date of loss, the Claimant’s prior injuries to the established sites, and most notably the lack of reporting by the Claimant of his purported injuries as well as the fact that the Claimant continued to work on the days subsequent to the alleged date of loss. Claimant’s testimony in response to cross-examination revealed the Claimant’s lack of credibility and ultimately demonstrated his unsubstantiated claim.
After the conclusion of cross-examination, the Judge found no need for oral summations. The Judge ruled the Claimant was not credible as to the nature of the events. As such, the Judge disallowed the alleged injuries to the neck, back and left shoulder based on the fully developed record.
