Attorney Michael Bantz recently secured a favorable Arbitration decision in a case where the Petitioner had claimed that she had hurt her low back while lifting a bag of salt. In this case, the Respondent was able to prove that the Petitioner did not have a work accident. The Arbitrator found that that the Petitioner’s testimony was less reliable than the medical records, which did not contain any reference to the alleged work accident. The Petitioner’s testimony also conflicted with statements that she made to several different treating physicians, as well as the testimony of a witness from the employer. In weighing the inconsistent testimony of the Petitioner against the testimony of a witness from the employer and the medical records, the Arbitrator found the petitioner was not credible and did not award any benefits. A review of this Decision is not being sought before the IWCC.
Congratulations to Michael for the excellent result.