Applicant a Janitor claimed both a specific and cumulative claim post-termination against the employer following his termination for failing to show up to work 3 days in a row.. Defendant successfully objected to the admissibility of the self-procured medical reports as not being substantial evidence as to the issues of the AOE/COE for the specific and the cumulative trauma injury. Moreover, Defendant objected to the admissibility of these reports for the claimant’s failure to properly designate a PTP per Labor Code 4600. Defendant cross examined the claimant who provided inconsistent testimony against his own medical reports. Defendant also cross examined the claimant’s spouse (who is also an employee of the same employer), and was able to impeach her testimony by conflicting testimony from the employer witnesses. Defendant further requested that the arbitrator to draw a negative inference from spouse’s willful failure to answer questions at arbitration. Defendant obtained a take nothing on both the cumulative trauma claim and the specific claim of injury based on post-termination, lack of credibility by the claimant and his spouse, and good faith employer administrative action.
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