The Claimant alleged a spinal cord injury in the course of his employment as a stock person. As this was a questionable claim, the Defendant denied benefits. Investigation of the claim revealed that the Claimant was laid off the morning of his injury and mentioned to other employees that he "might suffer an injury later on in the day." In addition, the accident was not witnessed and the occurrence of the accident was a departure from the employer’s usual practices in handling machinery.

Tried
December 2003