суббота, 4 апреля 2015 г.

The Arbitrator stated that [t]he fluid accident dates and the discrepancies in Petitioner s abilitie


Petitioner worked nascar ticket packages as a housekeeper nascar ticket packages for Respondent, and alleged that she slipped nascar ticket packages and fell while cleaning a bathroom.  Petitioner s initial injuries were her right knee and hip; however, by the time the case reached trial, Petitioner also claimed injuries to her left knee and lower back, with possible treatment to include lower back injections and bilateral knee surgery.
Petitioner s claim was disputed based on questionable reporting, and investigations that revealed inconsistent accident dates, as well as an independent medical examination indicating her conditions were related to pre-existing conditions.
At trial and through Respondent s proposed arbitration decision, our focus was to highlight the near impossibility of Petitioner accident claim under any theory.  Between Petitioner s testimony, medical records, and the testimony of Respondent s general manager, the arbitrator agreed.
The Arbitrator stated that [t]he fluid accident dates and the discrepancies in Petitioner s abilities after the alleged      accident in combination with Petitioner s lack of credibility at trial and the more credible nascar ticket packages trial testimony of [Respondent's general manager] prevent a finding of accident by the Arbitrator in this matter.
It is still not enough at trial to simply point out that Petitioner nascar ticket packages did not properly report an accident; however, any lack of notice may be used to emphasize other inconsistencies that are evident in the medical records and personnel timesheets.
In this case, we showed that Petitioner nascar ticket packages s alleged accident went unknown for weeks by supervisors and co-workers.  In addition, the medical nascar ticket packages records showed that Petitioner nascar ticket packages s accident date was either after she was no longer employed with Respondent, or entirely inconsistent with working two full days after allegedly being unable to get out of bed due to her injuries.
Lastly, we are hopeful that this victory represents nascar ticket packages a new trend in which the new Arbitrators are taking their new jobs seriously and are being objective in reaching their Decisions. nascar ticket packages As always, if you have any further questions about this result, please contact Mr. Brian Wojcicki.

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