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Failure of the petitioner to mention accident in the medical records was the basis for arbitrator’s finding of no causal connection

Michael K. Brandow was successful in reaching a no accident rendered by decision of Arbitrator Falcioni, Cochran v. Housing Authority of the City of Bloomington, No. 03 WC 59198, by emphasizing that petitioner failed to mention his accident in the medical records subsequent to the alleged incident.

Petitioner alleges that he injured himself on July 1, 2003 when he stepped in a hole while using a weed eater for the housing authority. He stated he felt some pain in the right leg but he continued to work. He later told John Greiner, the safety director, about the incident. No accident report was filed as petitioner thought the injury would go away.

When the pain did not go away he saw Dr. Kolb who ordered an MRI and discovered a complex tear to the posterior horn of the medial meniscus. He underwent arthroscopic surgery on September 10, 2003, returning to work on September 23, 2003.

He then filled out an incident report.

The case was defended on lack of notice, credibility of the petitioner and no mention of an accident in the medical records after the accident.

A review of the medical records, as it was pointed out to the arbitrator, did not mention the petitioner ever stepping into a hole causing pain to the right knee. It did indicate that he had problems for eight years prior to this incident.

It was pointed out on cross-examination of John Greiner, who did testify for the petitioner on the accident issue, that it is his duty to fill out an accident and injury report but he never did so even after being allegedly told of the incident. The credibility of the witness, John Greiner, was at issue.

The Arbitrator stated in his decision that no accident was filed by the safety director as was his obligation and the failure in the medical records to reference any accident failed to support the petitioner in meeting his burden of proof and establishing an accident.

Additionally Arbitrator Falcioni found that insufficient notice was provided, as the first report of accident occurred on September 16, 2003, over 45 days from the allegedly accident.

Arbitrator Falcioni found in favor of the employer and denied the claim.

His decision was affirmed by all three Commissioners on review.