The word “credibility” is frequently used in Workers’ Compensation cases. It is not defined in the law itself. It is the single most important part of any WC case involving any issue, big or small, wage loss or medical bills.
So, what is it?
First, some background. Under PA WC law, WC Judges are the Finders of Fact”. This means that they have the power and the duty to decide the true and correct facts in every WC case.
Some examples of the facts which may be decided by a WC Judge:
- Did an injury happen?
- Was the injury caused by work?
- What is the correct diagnosis?
- Did the injured worker tell the employer about the injury on a timely basis?
- Did the injured worker’s doctor support claimant’s version of what happened through believable medical testimony?
- Is the claimant’s testimony about the injury and disability believable?
- Is the doctor’s opinion supported by medical tests or exams?
- Did the doctor know enough about the claimant’s history to give an accurate opinion about the work related nature of the injury?
- Is the employer believable about the existence of light duty work?
- Were there harmful conditions in the workplace?
In any WC case, there are going to be major disagreements and conflict on most issues like these.
For example:
- The doctor for the injured worker will testify that the disability results from the work injury. The IME ( employers medical exam) doctor will testify either that there is no disability or that the disability results from something other than the work injury.
- The employer will testify that there is light duty work available. The claimant will testify that there was no work available or that it wasn’t within the claimant’s restrictions.
Thus, the Judge has to decide which witnesses to believe in every case.
How do Judges decide these issues?
Tom Cook, Senior Attorney at Calhoon and Kaminsky P.C., was the Director of the PA Bureau of Workers’ Compensation for 3 ½ years. It was his job to supervise the entire PA Bureau of Workers’ Compensation. As part of his job, he wrote the Civil Service Examination for prospective WC Judges and hired over 25 WC Judges. Tom says that the WC Judges decide questions of Fact largely based on credibility which means which witness they believe.
In assessing the credibility of a medical witness, the WC Judge will look at experience, credentials, reputation, whether they frequently testify for claimants or insurance companies, their knowledge of medicine, their knowledge of the particular claimant’s case, their reliance on objective testing and the outcome of their treatment.
In assessing the testimony of a claimant, the WC Judge will look at the work record of the claimant, how long they worked at this job, how many injuries they have had, their pre-existing medical condition, whether the injured worker was an employee in good standing, whether the claimant tried to return to work and whether the client did everything they could to get better.
There is an important aspect of WC law to consider: The overall approach of the WC system is more employer oriented than it used to be. Increasingly, WC Judges view WC as a privilege to be earned, not a right. Thus, in the eyes of some WC Judges, a claimant has to DESERVE Workers’ Compensation. Credibility- whether the Judge likes and approves of a claimant is very important.
The opinion of the WC Judge on which witnesses he or she believed as contained in the Findings of Fact cannot be overturned on appeal. The WC Judge has complete and final power under the Law to decide credibility issues. If the Claimant brings in five doctors and the employer brings in one doctor; the WC Judge has the power to believe one doctor over five. For this reason, appeals from a WC Judge’s decision are very difficult to win.
If you have suffered hearing loss due to an traumatic accident at work or long-term exposure, you may be entitled to Pennsylvania worker’s comp benefits. Contact our an experienced Harrisburg Workers’ Compensation Lawyer at Calhoon and Kaminsky P.C., at 717-695-4722. Be sure to order a FREE copy of our book, 7 Deadly Sins That Can Destroy Your Pennsylvania Workers’ Comp Case.
