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Inconsistent Evidence in Federal Workers Comp Cases

The description of the incident must be consistent in all of the records. If the employer has one version of the incident and the doctor has another version, and the hospital has a third version, the claim will be denied.

The description of the incident must be consistent in all of the records. If the employer has one version of the incident and the doctor has another version, and the hospital has a third version, the claim will be denied. The employee’s statement alleging that an injury occurred at a given time and in a given manner is of great probative value. It will stand unless refuted by strong or persuasive evidence. Inconsistent statements because of fear of reprisal will not be given any credibility.

(See the case of O.T. and Post Office December 29 2014; Docket 14-1803.)

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