August 8, 2008
The Opinion from Deputy Commissioner Wilder in this case, denies benefits for various periods. Among the various defenses to this case, we raised the issue of whether the Claimant actually suffered an injury arising out of and in the course of his employment. While the Claimant maintained that he was moving a specific, 140 lb. cap when he encountered a sudden pain, and while the Newport News Shipyard Clinic note appeared to support the contention of an injury by accident, the more specific history received by C. M. Lassiter, together with the history found in the treating physician’s initial evaluation supported our defense. The Deputy Commissioner found Mr. Siverling to be less credible than Mr. Lassiter.