Disability Law

Workers' Comp Case Law Update: Claimant Credibility Helps in a Workers? Compensation Case Decision When Other Evidence May Not Be So Clear

By Jack E. Clay

On June 18, 2008 the Georgia Court of Appeals decided the case of Parham v. Swift Transportation Company, Inc., 292 Ga. App. 53 (2008). This case involved two primary issues important to injured workers in Georgia. First, this case emphasized the fact that the testimony of an injured worker is very important, perhaps as important as or more important than the testimony of a medical expert. This case re emphasized that, while medical questions are to be established by physicians as expert witnesses and not by a layman, a physician may testify as to his or her opinion as to the cause of the injury. However, the ultimate decision as to whether or not an injury is related to a work accident is a legal decision. Thus, the claimant?s credibility and testimony is very important.

The second issue in this case is medical bills that were unpaid by the employer/insurer. The Court of Appeals affirmed the State Board of Workers? Compensation decision that medical bills of $7,195.00 that the injured worker suffered after having a heat stroke should be paid.

This case is important to the injured worker. In many cases, the doctor?s opinions may vary greatly as to the cause of a particular medical condition. In most workers? compensation cases, medical evidence is critical. Many doctors are known to be friendlier to the side of the employer/insurer while other doctors are known to be friendlier to injured claimants. I am certain that the Administrative Law Judges are keenly aware of this situation. One detail in this case that I do not want to overlook is the credibility of the claimant. The Georgia Court of Appeals noted that the ALJ found that, ?after personally observing the employee?s demeanor and testimony, I (Administrative Law Judge) find the employee very credible.?

As a claimant?s attorney handling workers? compensation cases throughout Georgia, I believe that claimant?s credibility is extremely important to the success of any case. In Parham, it appears to have made all the difference in the world as the medical evidence did not appear to be 100% clear as to whether or not the injured worker?s heat stroke was a result of the on-the-job injury.

If you are an attorney reviewing this article and would like to discuss a potential workers' compensation referral with our office, please contact Jack Clay anytime. While our office is located in Douglasville, which is just outside Atlanta, Mr. Clay handles cases state-wide and has tried workers' compensation cases throughout Georgia.

Full post as published by Georgia Law Blog on December 04, 2008 (boomark / email).