Saine v Pepsi Beverages Company
2017 MO WCLR Lexis 48
Oct 22, 2017
The Commission affirms a denial of benefits that claimant herniated a cervical disc herniated when he stopped his vehicle quickly and jerked his neck. .
"Employee did not show a single, identifiable traumatic event or unusual strain occurred during any single work shift. Specifically, the administrative law judge found employee's evidence of the alleged accident, as lacking in credibility. The administrative law judge found claimant gave several diverse and distinguishable versions of how the alleged incident occurred."
The Commission found harmless error that the ALJ relied upon a reference to deposition that was not part of the record.
"After careful consideration, we are not persuaded to disturb the administrative law judge's credibility determination as to the nature and onset of injury. As pointed out in the administrative law judge's decision, employee identified the nature of the injury (as well as the date), differently in various incarnations of his Claim for Compensation."
The Commission noted the ALJ "recounted and substantially relied upon his firsthand observations of employee's testimony regarding the issue of employee's credibility."
At various times, "claimant reported a lifting injury, a turning or twisting injury, swerving to avoid a car, an injury caused by repeatedly backing up and hitting the loading dock, stacking, and hard steering."
The ALJ notes "that the statute of limitations has not yet run in the event that the claimant can determine how the injury occurred and the date in which the single work shift occurred."
The decision points out some inconsequential typos in the ALJ's award.
ALJ Kohner
Experts: Kennedy, Rutz
