02/20/2026
PRATT V. BENCHMARK, 6576 CRB – 2– 25 – 4 (February 20, 2026)
The claimant alleged a left knee injury in her job as a CNA. The claimant alleged injuries on May 23, 2022 and September 2, 2022. It appears that the initial left knee injury was accepted as compensable, however, the subsequent injury was disputed. At the time of the formal hearing the claimant acknowledged that her recollection of the events may be fuzzy but that she believes she was injured on September 2, 2022. The medical records, however, suggested that the second injury may have occurred later. There was a report from October 3, 2022 which referenced an injury the day prior. The RME performed in behalf of the respondents mentioned a second injury in either September or October 2022. The trial judge determined that, in fact, the claimant had sustained a second injury on October 2, 2022, not September 2, 2022, and that was the cause of her left knee injury. Benefits were awarded for the left knee injury due to an October 2, 2022 date of injury. The respondents appealed claiming that no claim had ever been made for an October 2, 2022 injury. Among other things, the respondent’s question whether there was a due process violation. The trial judge found that the notice of claim that had been filed in August 2023 for the September 2, 2022 alleged injury “under the totality of the circumstances” provided the respondents with notice of the October 2, 2022 date of injury. The Compensation Review Board agreed with the trial judge and affirmed the finding. Ironically, if one goes to the commission website at present, the only two dates of injury that are listed are May 23, 2022 and September 2, 2022; a file for an October 2, 2022 claim apparently has not been established by the Commission notwithstanding the finding.
