Denial of claimant’s DCD petition affirmed: substantial evidence supported the finding that claimant did not prove a work-related accident

The Superior Court affirmed the Industrial Accident Board based on its conclusion that there was substantial evidence to support the determination that no workplace accident occurred. The court reasoned that the claimant did sustain an injury, as evidenced by his medical treatment and surgery. However, what was disputed and found not to be established was whether the injury was from a workplace accident. The court noted that the claimant’s own evidence gave conflicting dates as to when the injury occurred. Likewise, the employer’s records did not show any events being held at the location in the month of the alleged injury. Therefore, the court stated that the claimant failed to establish a definite “time, place and circumstance” as required regarding an alleged work accident.

_{Case Law Alerts, 3rd Quarter, July 2015}

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