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TUCKER v. ROBERTS-MCNUTT2/16/2000
e in any strenuous activity during this time span. Indeed, there was no evidence to the contrary. The medical evidence established that Mr. Tucker was placed on physical restrictions immediately following his work-related accident, and he testified without controversion that while on these restrictions he was unable to perform his job and was in constant pain. It appears that appellee concurred that Mr. Tucker could not adequately do his job, inasmuch as appellee discharged him for lack of production on June 11, 1997. Hence, the evidence failed to establish that Mr. Tucker engaged in any heavy physical activity beyond May 23, 1997.
Despite the Commission's finding that Mr. Tucker was not a credible witness, there was ample evidence to corroborate his
testimony. On the morning of the accident, he told his supervisor about having to quit work to visit the doctor, and he subsequently informed the doctor about the accident. He was immediately placed on restrictions and was unable to return to his normal work activities. Moreover, Dr. Schlesinger indicated that the herniation was caused by a single event and he related the need for surgery to the May 23, 1997, incident. While Mr. Tucker failed to report the accident when he signed the bi-weekly form provided by the appellee, he explained that he signed these forms out of habit and that the representation on the form at issue was untrue. In light of the other evidence, we find that the Commission's opinion does not display a substantial basis for denying Mr. Tucker's claim.
Reversed and remanded for an award of benefits.
STROUD and ROAF, JJ., agree.
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