The matter was received in our office as a new referral on June 17, 2014 and involved a denied specific injury. The Applicant claimed to have injured his shoulder on 11/1/13 as a result of lifting a bag of flour. In addition to the shoulder the Applicant also claimed sleep disorder. The Applicant had self procured medical treatment which included surgical intervention to the shoulder.
Ms. Weaver immediately set the Applicant’s Deposition and subpoenaed records pertaining to the treatment the Applicant had received. Ms. Weaver found the Applicant did not present as a credible witness at his deposition. Following the Deposition, the records that have been subpoenaed were received and confirmed the Applicant’s lack of credibility. Specifically, the Applicant had denied sustaining any prior injuries to his shoulder yet the medical records indicated multiple dislocations over the course of several years. Based on the Applicant’s lack of credibility Ms. Weaver requested a Trial on AOE/COE.
The matter proceeded to Trial on AOE/COE on February 19, 2015 before Judge Blas at the Santa Ana Workers Compensation Appeals Board. Defendants called the owner of the Employer as a witness. Applicant testified on his own behalf. Throughout the course of the Trial, Defendants impeached the Applicant’s testimony repeatedly using both the records we had subpoenaed and the Deposition transcript.
Judge Blas opined in his Opinion on Decision that this matter came down to credibility. After reviewing the evidence the Court was of the impression that the applicant had not met his prima facie burden under Labor Code section 5705. Accordingly, the Court found that the Applicant did not sustain injury AOE/COE. The applicant was ordered to take nothing On his claim.
Within eight months of the file being referred to our office Ms. Weaver had prevailed at Trial obtaining a finding of no injury AOE/COE and in order that the applicant take nothing.
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