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IAB Erred in Rejecting Worker's Claim of Ongoing Disability Under Guise of Ruling on Credibility

By WorkCompCentral

Monday, November 16, 2020 | 0

The Delaware Superior Court overturned a denial of additional benefits to a warehouse worker after finding the Industrial Accident Board failed to cite evidence in support of its conclusion that the worker's uncontradicted testimony was unreliable. Case: Foraker v. Amazon.com Inc., No. N19A-12-001 ALR, 11/05/2020, published. Facts: Wayne Foraker worked for Amazon.com as a stocker. He injured his back in March 2018 while bending over to place an object on a low shelf. Foraker had already injured his back before and underwent back surgery in 1995 for the injuries he suffered in 1993 and 1...

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