What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant challenging exclusion of exhibits and denial of witness testimony; WCJ report adopted and reconsideration denied.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found the applicant credible despite poor memory and argumentative behavior, supported by rigorous cross-examination and no contrary evidence presented by the petitioner.
From the decision · page 10Defendant is aggrieved that this Court found the applicant credible and cited to instances wherein the defendant felt applicant's testimony was inconsistent and contradictory. The Court concedes that the applicant's memory was poor and that he was, at times, argumentative with both the Court and counsel (as is reflected in the Further Minutes of Hearing and Summary of Evidence). However, having a poor memory and being argumentative does not mean that the applicant's credibility was impeached on the issues presented for decision.