Background
Roman Moreno, a production specialist for ME Global, alleged that he injured his lower back on February 1, 2022, while lifting a 40-to-70-pound metal bar. He testified that he immediately told his supervisor and discussed the injury with others over the following month. The administrative law judge, however, found that Moreno did not report a work-related injury to ME Global until June 14, 2022, when he informed a human-resources manager.
Moreno filed a workers’ compensation claim on July 1, 2022, which Travelers denied. An ALJ initially denied the claim for untimely reporting; the court previously set aside that award because the ALJ had not determined whether the delay was excused. On remand, the ALJ again denied the claim, finding Moreno’s account not credible and concluding that the late report prejudiced ME Global’s ability to investigate. Moreno sought appellate review.
The Court’s Holding
The court affirmed. Substantial evidence supported the ALJ’s finding that Moreno did not forthwith report his injury as Arizona law requires. Multiple witnesses testified that they had not discussed an injury with Moreno or did not learn of one until June 2022. The court would not revisit the ALJ’s credibility determination or reweigh the evidence.
The court also upheld the finding that the delay was unexcused. Although the HR manager said he completed an investigation after Moreno reported the claim, he also testified that the delay impaired the investigation because the supervisor Moreno said he had promptly informed had left the company and was unavailable for an interview. Moreno also could not establish that he lacked knowledge of a work-related injury: he testified that he heard a pop and felt immediate back pain while lifting at work.
Key Takeaways
- An employee must promptly report a work accident and resulting injury to the employer.
- The employee bears the burden to establish an excuse for an untimely report.
- Appellate courts defer to the ALJ’s credibility findings and will not reweigh conflicting evidence.
Why It Matters
The decision underscores that delay can defeat a workers’ compensation claim when it hinders an employer’s ability to investigate, including by making a relevant witness unavailable. A later investigation does not necessarily establish that the employer suffered no prejudice.