The claimant who had a long history of balance issues, attendance issues, and poor job performance reported to work first thing in the morning seven hours before her scheduled shift.
The claimant clocked in and then immediately went to the ladies’ room where she claimed she slipped and fell. Within five minutes of the incident an HR representative arrived in the ladies’ room, observed the claimant on the floor with visible black and purple bruising on her foot, wrist, and elbow, and photographed the bruises.
The claimant was transported to the emergency department and diagnosed with fractures in her foot and wrist. She subsequently underwent extensive treatment in an in-patient rehabilitation facility.
An IME was obtained to determine if the alleged mechanism of injury could cause the reported injuries and to opine the “age” of the documented bruising. The IME opined that visible black and purple bruising would have taken at least 24 hours to develop and could not have developed in the five minutes between the alleged incident and the time the photos were taken.
The expert further opined that the reported mechanism of injury could not have caused the fractures in the foot and wrist and that there was no reported mechanism of any injury to the elbow that could explain that bruising. The ALJ credited the opinions of Respondents’ expert and denied the claim for compensation.
Emory v. Charter Communications, W.C. 5-310-234 (May 26, 2026).
Want to know more? Contact Michelle Prince at mprince@pollartmiller.com
