Mica Nguyen Worthy (Charlotte) recently obtained a favorable Opinion and Award from the Industrial Commission wherein a claimant alleged he sustained an injury by accident or specific traumatic incident to his back while working. Plaintiff received medical treatment without prejudice and his alleged back condition resolved allowing him to work an additional 8 months for Defendant-Employer without complaint. He then voluntarily quit work and subsequently worked for 2 or 3 other employers before claiming his back condition (and new knee condition) was Defendant-Employer’s responsibility. Defendants successfully argued that Plaintiff had failed to prove he even sustained a compensable back or knee claim while working for Defendant-Employer to begin with, that he was dishonest about prior medical conditions (specifically the knee condition), and that he had been dishonest with the adjuster in his recorded statement and with medical providers regarding his work for subsequent employers. The Deputy Commissioner DENIED Plaintiff’s claim in its entirety, specifically finding that he did not find Plaintiff’s hearing testimony credible.
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