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Workers' Comp – Injury By Accident – Credibility

Where claimant, a school maintenance manager, reported to his treating physicians that he was lifting mattresses at the school when he felt a sudden pain, a sharp, burning sensation in his neck, he has proven an injury by accident.

The medical histories were consistent with claimant’s testimony in that they described an incident involving moving “furniture” which resulted in an acute onset of pain in claimant’s neck at a particular time. Thus, we agree that the recorded statement was insufficient, by itself, to defeat claimant’s claim. The existence of contrary evidence in the record is of no consequence if there is credible evidence to support the commission’s finding.

Decision for claimant affirmed.

The Glaydin School & Camp Inc. v. May (P.C.) No. 2268-92-4, Mar. 30, 1993; Workers’ Comp.Comm.; Lynne J. Fiscella for appellant; Peter M. Sweeny for appellee. VLW 093-7-177, 4 pp.

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