In Brentlinger v Jay Henges Enterprises, Inj. No. 99-131770, (LIRC), 3/6/03, the employee was held not credible because the history to foreman, doctors, description of injury inconsistent. (ALJ Percy)
In Beers v J.H. Berra Construction Company, Inc., Inj. No. 00-122974, (LIRC) 9/27/02, compensation denied, conflicting testimony of only co-worker witness held not credible because event probably not physically possible.
In Brown v Vellerive Cemetery, Inj. No. 00-01994, (LIRC), 8/20/02, compensation allowed, employee believed, no work history to treating doctor, but treatment the next day, the first note to doctor of "on the job injury" being 13 days later, temporary award for lost time and treatment allowed.
In Burbank v Missouri Hwy. & Transport, Inj. No. 99-173480 (LIRC) 2002, compensation denied for repetitive motion in driving mowers and twisting his neck aggravating degenerative arthritis with a herniated disc. Credibility undermined by claimant?s admitting to participating in two 150 mile bicycle races during the two years before but after the injury of 7/29/99 and before 9/01, the employee also giving an inconsistent history of prior complaints. (ALJ Percy)
In Campise v Decco, Inj. No. 99-159410, (LIRC) 2002, compensation denied to claimant who denied prior back problems before D/A: 4/9/99, despite MRI of 1/99, the fact that the store was closed on the date of injury, and the additional injury off the job lifting a tray of flowers. (ALJ Lane)
In Jonas v Huey's Honda, Inj. No. 96-046223, (LIRC) 2002, claimant had two back injuries, returned to work 40 hours a week after the first injury, with no claim for psychological injury until 3 ? years later, claimant stating it progressed solely, employer laughed at him when he mentioned it. No request made to employer, employee selected medical, compensation for psychological injury denied, but the amount of the award of ALJ for physical injury from same accident raised. (ALJ Vacca)
In Roast v Hannibal Regional Hospital, Inj. No. 95-193964 (LIRC) 2002, compensation allowed for full benefits including past medical treatment for $34,864.00 with first treatment 1 year, 9 months after the injury, resulting in cervical fusion, despite alleged intervening non-work events. (ALJ Fischer)
In Stewart v White Rogers, Inj. No. 98-071948, LIRC, 2002, a different description by employee on claim and at hearing and the statements to others, lacked credibility. (ALJ C. Lane)
In Gausling v United Industries, 998 S.W.2d 133 (Mo.App. 1999), the employer?s supervisor and expert were more credible than the claimant?s witnesses, and were not contrary to the overwhelming weight of the evidence. The LIRC reserves the final determination of that fact issue. (ALJ Landolt)