April 2006 SBH Quarterly Newsletter
PDF FormatWorker Credibility in Workers’ Compensation Hearings
By Karen Varney
Worker credibility is sometimes an issue regarding how an injury
occurred, whether an injury occurred at all, or whether a worker was honest
regarding prior injuries and treatment. The hearings process can be
frustrating for employers who believe a worker has been dishonest. The Board
generally defers to an Administrative Law Judge’s credibility finding if
based on the demeanor of a witness. However, if the credibility of a
witness’s testimony is evaluated based on an objective evaluation of the
record, rather than demeanor, the Board will make credibility findings. The
following Board case demonstrates why it is difficult for employers, even
with medical records that contradict testimony, to prevail regarding
credibility.
In a recent Board case, claimant reported stomach pain “for a couple months”
pursuant to a Form 801. Similarly, a recorded statement and Form 827
reported he had been hurting in the stomach area for a “couple months.” The
employer contended the statements showed claimant admitted his abdominal
pain developed gradually prior to the injury, rather than occurring suddenly
as a result of an acute episode. However, the Board found the statements
referred to the duration of pain rather than whether the onset of pain was
sudden or gradual. Further, claimant testified that when he filled out the
forms, he was upset and in a lot of pain. He was primarily concerned with
the current status of his stomach pain rather than with providing a detailed
history of its onset. Claimant testified his recollection at hearing was a
more accurate description of his abdominal pain than his earlier account.
The Board determined the medical records did not contradict the
Administrative Law Judge’s finding of credibility. William J. Cook, 58
Van Natta 625 (2006).
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