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Case Name | Penny v. WCAB | |
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Date | 07/12/1983 | |
Note | Unreasonable to require defs. to pay applicant depo. fees if depo. is deceitful, fraudulent. | |
Citation | 48 CCC 468 | |
WCC Citation | WCC 3741983 CA |
She complained of constant back pain, inability to do chores, difficulty in lifting more than five pounds, and difficulty bending and stooping. She demonstrated how she had to walk; slowly, hanging onto a wall and bent over. The defendant introduced motion pictures into evidence showing Ms. Penny performing all of the above activities, including walking normally, without any apparent difficulty. The WCJ stated that the motion picture films 'drastically reduced' Ms. Penny's credibility and that it was clear she had willfully misstated the facts regarding her condition to the examining physicians. NOTE: This is a summary of the CCC - the user should review the actual case prior to citation.
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