Roger Emery v. Fedex Freight, Inc. (Dec. No. 24-03) – The Appellate Division affirms the ALJ denying the employee’s petition for award and petition for payment of medical services because the employee failed to meet his burden of proof. In Emery (Dec. No. 24-03), the employee alleged a 6/22/21 back injury resulting from pushing a heavy dolly. He claimed a popping sound and pain. But he reported to Urgent Care that he had back pain when he woke up the day prior, 6/21/21, and did not tell them of any inciting work event such as moving a heavy dolly. Emery also filed for short term disability and did not indicate his back problems were due to an accident. His PCP records also failed to mention the claimed work injury. The Judge denied the petitions.

The Appellate panel affirmed, confirming the ALJ is the sole judge of credibility of witnesses and it defers to the Judge on the significance to attach to any piece of evidence. It also rejected Emery’s claim of “ineffective assistance of counsel” as it is not a basis for reversal in civil matters.

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Daniel F. Gilligan