Recent Cases - Handwriting Analysis Reversed

Workers' Compensation Appellate Commission

Handwriting Analysis Reversed

In Khalil v Oil Exchange C, Inc, 2007 ACO #200, the trial Magistrate granted the employee an open award of benefits for injuries sustained in an automobile accident. The main question presented was whether plaintiff was an “employee” of defendant or a person excluded by defendant’s insurance policy. In finding the policy covered plaintiff, the Magistrate engaged in an extensive handwriting analysis.

On review, the Appellate Commission said it “reject[ed] several of the magistrate’s findings because they lack support from substantial evidence and remand for reconsideration of the facts and a supplemental opinion.” The Commission said that, while it does generally uphold a Magistrate’s authority to determine whether the employee signed any document, it cannot do so here. The Commission found the Magistrate offered “a lengthy examination of particular signatures” on documents, such as exclusion forms, that “resembles the analysis of a handwriting expert.” The Commission concluded that “[b]ecause the magistrate does not possess such expertise, her analysis cannot support her finding.” The Commission added that the Magistrate “defeats her own finding when she states that many of plaintiff’s signatures look significantly different.” Over one dissent, the case was therefore remanded for redetermination.