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Harrison v. Baldwin Motors11/3/2004
al, he explained that he felt a little pain in his neck on that day. Furthermore, other actions and inactions by Harrison, as well as his inability to remember certain significant details, cast suspicion on Harrison's credibility. The WCJ noted that at times Harrison's testimony and demeanor were highly suspect, vague, and evasive resulting in an ultimate finding by the WCJ that Harrison was not a credible witness.
The WCJ's factual finding that Harrison failed to prove that he sustained a work-related accident that caused his neck and right arm injuries was based in large part on credibility determinations made by her. We find that there was a reasonable basis for the WCJ to find that the testimony of Harrison was unreliable and that neither the medical evidence presented nor the events following Harrison's alleged injury supported or corroborated Harrison's claim of a work-related injury. Based on the evidence presented in this case and credibility determinations made by the WCJ, we conclude a reasonable factual basis existed for the WCJ's finding that Harrison failed to carry his burden of proving by a preponderance of the evidence that he sustained a work-related accident that caused his neck and right arm injuries. Further, our review of the record establishes the WCJ was not clearly wrong. Because we conclude the WCJ was not clearly wrong in this finding, it is unnecessary to address the other issues raised in Harrison's appeal.
Decree
For the foregoing reasons, the decision of the Louisiana Office of Workers' Compensation is affirmed. Costs of this appeal are assessed to Benjamin Harrison.
AFFIRMED.
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