In a claim for total disability compensation and medical benefits arising from an alleged psychological injury (PTSD), the FHM Defense Base Act team has secured yet another complete defense verdict. The case was tried by FHM Partner John F. Karpousis and Associate Yaakov U. Adler before Judge Susan Hoffman of the San Francisco Office of Administrative Law Judges. Three witnesses testified (including the Claimant, a fact witness, and an expert witness on behalf of the Respondents). In her 28-page Decision and Order (“D&O”), Judge Hoffman extensively reviewed the evidence and testimony and ultimately determined, based on FHM’s arguments, that Claimant lacked credibility. She also specifically credited the opinion and testimony of the Respondents’ expert over that of Claimant’s treatment providers, and she was persuaded that Claimant’s performance on objective testing was consistent with individuals who simulate symptoms. Based on the totality of the evidence, Judge Hoffman concluded that there was insufficient evidence to support that Claimant suffers from a psychological impairment caused by his employment. Judge Hoffman also recently denied a request to reconsider her D&O. To read ALJ Hoffman’s D&O, click HERE.
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