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WCJ Erred in Focusing on Equivocal Testimony When Denying Claim

Friday, February 19, 2016 | 0

A workers' compensation judge focused too much on equivocal statements by physicians instead of paying attention to the one unequivocal statement provided in testimony when ruling that a claimant's lingering pain was not caused by his work injury, the New Mexico Court of Appeals ruled. Case: Trujillo v. Los Alamos National Laboratory, No. 34,185, 02/15/2016. Facts: Eric Trujillo, a laborer supervisor for the the laboratory, slipped on a slick spot and fell six feet from scaffolding while installing electrical equipment on Nov. 30, 2012. Trujillo was carrying a 25-pound chipping h...

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