On the morning of December 10, 2020, Claimant was a passenger seated at the rear of an employer-sponsored shuttle bus that collided with another such bus. Claimant treated at an on-site medical facility, and then retreated to his home in West Virginia for the holidays. He and his attorney filed a Claim Petition alleging a “whiplash” injury resulting in cervical radiculopathy. Claimant presented medical evidence disabling him from the date of loss through mid-January 2021.
While the Employer could not dispute the occurrence of the accident itself, C&W Attorney Mike Smith presented video from an onboard camera and photographs of the resulting damage to the bus and argued that the collision was relatively benign and therefore incapable of causing the alleged disability. The video and photograph ultimately carried the day as the Judge concluded that the impact was negligible and denied the Claim Petition, ruling that the Claimant had failed to establish an injury. Paid holiday denied.