On May 7, 2013, the West Virginia Workers’ Compensation Office of Judges affirmed the WC Claims Administrators February 11, 2013 Order denying a claim for benefits. Claimant had alleged that she sustained an injury to her knee and back on December 19, 2012 while wiping down carpet. Following the denial of this claim, Claimant requested participation in the Expedited Hearing Process and a hearing was scheduled for April 17, 2013.

During the litigation process, Mr. Brannon identified six prior WC claims, including three prior back injuries. He also obtained evidence from the employer including the affidavits of the general manager and the supervisor which established that Claimant did not report an alleged injury at or around the date of the alleged injury. Moreover, Claimant submitted differing allegations regarding the alleged injury and was disciplined numerous times during her employment including the day she reported the alleged injury. Mr. Brannon also submitted relevant medical records which indicated that Claimant report no injury when she first sought treatment. Following the Expedited Hearing, the Administrative Law Judge concluded “the claimant’s evidence is not credible that she sustained such injury at work.” Mr. Brannon’s effective defense of the claim allowed our client to avoid exposure of up to $50,000.00.