The claimant was a less-than-a-load (“LTL”) truck driver for the employer. At approximately 2 AM one morning, the claimant was driving two trailers weighing about 75,000 pounds back to the employer’s terminal in Aurora when he realized at the last minute that he was closing in on a box truck and struck the back left corner of the box truck, totaling it.
The claimant reported to the responding officer and EMS personnel that he had no injuries and was able to complete his trip back to the employer’s terminal.
The claimant never reported any injuries or pain to the employer and laid in bed for the following five days. On the third day, the employer terminated the claimant because this was his third preventable accident within the last 12 months. On the fifth day, the claimant retained an attorney and went to the emergency room where he complained of soreness in his back and post-traumatic stress disorder (“PTSD”) symptoms. He was diagnosed with a lumbar strain.
At hearing, the claimant testified that his superior driving skills prevented serious damage to his vehicle but also that he did not report any injuries to the first responders because he was in so much shock that he did not know what he was doing. The respondents’ lay witnesses, both supervisors of the claimant, testified that he did not report any injuries in connection with the incident. Respondents’ medical expert testified that the claimant had not sustained any physical or mental injuries because of the incident.
The ALJ found that the claimant’s testimony was not credible, and, in order to find his testimony credible, the ALJ would have had to ignore the testimony of both of the respondents’ witnesses, the EMS report from the night of the incident, the police report from the night of the incident, and the claimant’s own contemporaneous statements from the night of the incident. The ALJ noted that it was clear from the evidence that the claimant’s termination from employment caused him emotional and financial stress for which he sought vindication and financial relief.
Reveles v. Estes Express Lines, W.C. No. 5-299-051-001 (Nov. 2025).
Want to know more? Contact Maura Healy at mhealy@pollartmiller.com
