Gerald Wedel v Bigfoot on the Strip LLC
Release Date June 3rd, 2021
Venue: Taney County
Summary: Pro se claimant fails in his burden of proof to show injury by accident in bizarre claim that "rough riding" caused him to fracture his foot. He put forth no admissible evidence and insisted everything he needed to prove was in his "affidavit of truth" which he claims was "filed" but never admitted into evidence.
Claimant failed to appear in person for his "final" hearing and hung up when the judge called him and told him his "affidavit of truth" was not going to be enough. The employer offered various medical records into evidence and statements from three witnesses that claimant was limping around at work but never attributed his condition to a work injury and had sent the employer a copy of his "affidavit of truth" also. Claimant failed in his burden production that any injury arose out of and in the course of employment to support a claim of PPD or TTD. Employer raised notice as a defense.
Inj. No. 18-031902
2021 MO WCLR LEXIS 35
Comments:
The case raises an interesting tactical decision why after a failure of the case in chief of any admissible evidence to prove accident the defense did not merely rest the case and or ask for sanctions. Live witnesses, even without cross exam, can sometimes present problems. It is not clear why the award did not deny accident and find all other issues moot. Rate was listed as "undetermined" rather than the statutory minimum.
Cast:
Elmer, ALJ
Koller, atty
Experts, none identified
