Proof: Conflicting Evidence: Generally

Car Werks, LLC v. Uninsured Employers' Fund [12/09/15] 2015 MTWCC 21 Where the claimant testified live in Court and was found credible, and the Court could make no finding on the credibility of a witness who testified by phone, the Court gave no weight to the telephonic witness’ allegation that the claimant told him he intended to defraud the uninsured employer and concluded that the witness’ story was fabricated.

DeLong v. Montana State Fund [01/12/12] 2012 MTWCC 3 Although the employer denied knowing about Petitioner’s work-related injury within thirty days of the accident, his deposition testimony contradicts the Petitioner and two co-workers who testified credibly that the employer knew of the accident and injury shortly after it occurred.  It is implausible that the employer was the only person in a small shop who did not know that Petitioner injured himself lifting a motor.  Section 39-71-603, MCA, is satisfied, as the employer had actual knowledge equivalent to notice of the time, place, and nature of the accident and injury within the 30-day statute of limitations.