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Wells v. Dunham Price9/29/2004
Mr. Wells did not commit fraud. Mr. Wells admitted his prior back problems in his deposition, at trial, and in a post-hire questionnaire. A co-worker, Mr. Hockman, provided corroboration as to the events immediately following the accident. The disputed testimony concerns whether Mr. Wells told Mr. Ardoin and Ms. Connor that he did not injure himself at work. Considering the WCJ's credibility determinations and Ms. Connor's admission that she could not locate a document memorializing that conversation, we cannot conclude that the WCJ erred.
Decree
For the above reasons, the judgment of the Office of Workers' Compensation is affirmed. Costs of this appeal are assessed to Defendant-Appellant, Dunham Price, Inc.
AFFIRMED.
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