Kathleen Roberts Earns Take Nothing In Grocery Worker Case Claiming Vacation Injury As Work-Related

Kathleen Roberts recently earned a take nothing in a grocery worker case. Applicant was a meat clerk at a grocery store, and took a vacation to Mexico in February of 2020. Upon returning to work, he told several coworkers that he had a hernia that he had gotten while he was in Mexico. He then filed this claim after finding out that he would need time off to get the necessary repair surgery. In depo and at trial, he claimed he told his supervisor on a work day that was two days after the injury. He also claimed he told a person in HR. On neither day he mentioned did he actually work, and he said he did not go to the store on his days off. The QME was convinced this was a work injury and said he would need hernia repair surgery with about three months of Total Disability. Despite the QME findings, the judge did not believe him after Kathleen put on three witnesses who all said he told them he “had a problem” in Mexico and ultimately ordered a “take nothing.” The trial was only on AOE/COE, and Applicant is actively working there. The estimated savings to the client was approximately $27,500.

Great work, Kathleen!