Christopher Carewicz v Playcraft Pontoon
Release Date: Nov 4, 2021 (2014 accident)
Venue: Pulaski
Summary: The Commission affirms PPD award for a shoulder for biceps and tendon tears that required surgical repair and rejects PTD claim including additional spinal claims.
Notes: The ALJ finds claimant undermined his case by inconsistent statements, mistatements and felony conviction. The ALJ admitted probation revocation records over objection. The ALJ found claimant's contemporaneous records do not support cervical thoracic and lumbar injuries and rejected his contention for a full set of dental implants. The ALJ noted claimant did not prove PTD, and noted no disfigurement would be awarded if claimant was PTD. She over-ruled the "plethora" of objections from plaintiff counsel.
The Commission agreed with claimant to strike criminal records claiming they were not relevant when claimant admitted his prior incarceration and the judge's inference of prior drug use was not supported from those records. The commission further notes 'poor memory' on multiple issues was "irrelevant" to the issue of the mechanism of injury and body parts injured. The Commission agreed claimant's "propensity to exaggerate" and other factors undermined his credibility.
Cast:
Mahon, ALJ
Edelman, atty
Warner, atty
Poetz 40% shoulder, tooth loss complication of surgery
Hinton - cervial and lumbar disc herniations
Mirkin - disc herniations
Cantrell - 8%
Bernardi - not related
Gonzeles - PTD
What's it worth?
35% shoudler
