Tomas Perez v. Barrick Goldstrike Mines, Inc.

I. BACKGROUND

A. Perez’s Reported Accident and Resulting Injury Perez claims he was injured during one of his work shifts when his haul truck collided with the wall of a mine and his chest was thrust into the armrest of the driver’s seat. Although Barrick policy requires employees to report “all injuries and incidents immediately,” Perez did not report the collision until the end of his shift, hours later. An on-site emergency medical technician who examined Perez did not observe any outward signs of injury. Similarly, Dr. Black, who treated Perez, found no outward signs of injury, no abnormalities in Perez’s X-rays, and that Perez’s heart and lungs were functioning normally. Nevertheless, based on Perez’s explanation of the accident and his resulting pain, Dr. Black diagnosed Perez with a chest wall contusion and muscle spasms, prescribed him a muscle relaxant, and certified that he was to remain off work for five days, pending a follow-up appointment. Because Perez claimed that he was still suffering severe pain from certain movements at the follow-up, Dr. Black certified Perez to remain off-work for another eleven days. Perez was

1 We address Perez’s other arguments on appeal…