Name

Cote v. Community Partners

Insurance Company

Date Decided

April 17, 2015

Panel Members

Timothy Collier

Elizabeth Elwin

Evelyn Knopf

Categories

Findings of Fact

Tags

Findings of Fact Compensability Believability of Testimony

File Size

87 KB

Download

Summary from the Troubh Heisler Attorneys

In determining whether a work injury occurred, a hearing officer is entitled to believe an employer witness’s testimony over that of the employee.

Cote claimed to have injured her knee while attending a meeting, but the employer witness testified that no such injury occurred. In addition, Cote had longstanding knee problems from a prior injury that required ongoing treatment. H.O. Stovall denied her petitions, and Cote appealed; the panel found competent evidence in the record supporting the decision.

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