In Padilla v. Safeway, a laborer alleged that he fell from his truck at work and sustained injuries to his left hand and wrist. Claimant's first medical, an emergency room record, noted that the claimant injured his wrist three weeks ago (around the time of the alleged d/a) after falling while playing basketball. All subsequent medicals referenced a left hand and wrist injury while at work.
At trial, the claimant testified that although the injury happened while at work, he reported to the ER doctor that the injury occurred while playing basketball, at his supervisor's request, to avoid a workers' compensation claim. The claimant further alleged that he was told he would be paid independent of the workers' compensation system by his employer. However, when he didn't receive payment, he filed the claim.
Our client, Safeway Construction, completely denied any of the claimant's allegations. After cross-examination of the claimant and direct-examination of the employer witness by Marc Neuman, a partner in the firm's Woodbridge/NYC office, the Judge found our client to be more credible and disallowed the case with prejudice. The Board Panel unanimously affirmed this decision on appeal.