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Administrative Judge Ruled Trucking Company Was Not Responsible To Truck Driver For Disability

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December 2011

Administrative Judge ruled that Trucking Company was not responsible to truck driver for disability and needed surgery under the MS Workers' Compensation Act for three claimed injuries to his neck and back.  Claim was dismissed when Employer proved that claimant had reported a total of 12 injuries during the course of his employment, all unwitnessed, and was impeached with collateral evidence at hearing after claimant alleged that he had not injured his neck while on vacation the week before his return to work when his final claim of injury was made within 30 minutes of his return.  Ruling held that claimant's testimony was without credibility and his need for surgery was due to an intervening event.