Respondents sought to withdraw an admission of liability when it was discovered that the claimant’s injury may have occurred outside of work.
The claimant alleged that she rolled her ankle while on she was on a break at work. The claimant did not report the injury on the day it occurred and did not seek treatment through workers’ compensation until almost four months after the alleged incident occurred. Based on the claimant’s reports, Respondents admitted liability for the ankle injury.
However, urgent care records from the date of the alleged injury indicated that the claimant twisted her ankle late at night outside of her scheduled workday.
Respondents sought to withdraw the admission. The ALJ did not find the claimant credible and found that the claimant was not at work when her ankle sprain occurred. The ALJ found in favor of Respondents that the General Admission of Liability should be withdrawn.
Johnson v. Transdev, W.C. No. 5-262-427-001 (Dec. 6, 2024).
Want to know more? Contact Kristi Robarge at krobarge@pollartmiller.com
