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workers compensationThere are many phases of a workers’ compensation claim, and the outcome or decision made at each phase can have a substantial impact on your ability to recover benefits. Perhaps one of the most essential steps is determining the date on which the injury took place or accrued and the extent of the injury. The Massachusetts workers’ compensation legal professionals at the Law Office of Michael O. Smith proudly provide workers with the responsive and dedicated legal counsel they need to ensure that they receive the maximum amount of compensation that they need and deserve.

The Massachusetts Court of Appeal recently considered whether a lower court properly determined an injured plumber’s work capacity following an on-the-job injury. In 2004, the worker suffered a neck injury while sleeping resulting in surgery. Roughly four or five years later, the worker began working for a plumbing company. He reported discomfort and tightness in his neck after operating a hammer drill in 2013. The man received medical treatment for this injury and the employer paid temporary total incapacity benefits until April 2014.

The judge assigned to the claim ordered the employer to resume paying benefits on a continuous basis. Both parties appealed and the employee modified his claim for benefits to seek a different category of payments. As part of the appeal, the worker was required to undergo a medical examination with an independent medical examiner. The employer provided additional medical documentation following its conclusion that the orthopedic surgeon who treated the worker did not explain the connection between the man’s 2004 neck injury and the hammer drill injury. After reviewing all evidence, the court concluded that the worker sustained a work-related injury and that it was the major but not necessarily the primary cause of his need for medical assistance. He awarded benefits to the employee and the employer appealed.

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slippery stepsSome work injuries result in devastating and painful physical injuries. In other situations, the victim may suffer psychiatric or mental harm either separately or in addition to a physical injury. Because the signs and symptoms associated with psychiatric injuries can be more difficult to establish and identify, it is critical to retain a knowledgeable Boston workers’ compensation lawyer to help you ensure that you are treated fairly during the claims process and to help you secure the benefits and reimbursement that you deserve.

A Massachusetts appellate court recently reviewed an insurance company’s challenge to an order awarding an injured worker benefits for an injury that she suffered to her foot. The woman reported falling down a flight of stairs at work. She required several surgeries to address the injury, but it did not resolve and she reported continued pain and discomfort. The woman filed a claim for workers’ compensation benefits and the insurer accepted liability. In her claim, the woman listed a number of physical limitations that severely limited her day-to-day activities, such as experiencing severe pain during cold weather. She testified at a hearing about her claim that she felt depression, hopelessness, and anger as a result of the injury and the resulting limitations on her life.

The judge concluded that the woman was permanently and totally disabled as a result of the injury. The judge also concluded that the woman was suffering from depression associated with the injury and included this in awarding the woman the full amount of benefits possible.

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time limitThe workers’ compensation system has many different rules that govern how and when an injured employee must assert a claim for benefits. This includes a statute of limitations or a time limit on when a claim must be filed. If the injured worker fails to file the claim within the statute of limitations, he or she will be barred from receiving benefits and medical expenses compensation. The seasoned Boston work injury lawyers at the Law Office of Michael O. Smith have assisted countless Massachusetts residents with ensuring that they preserve their right to compensation.

In a recent decision, a Massachusetts Court of Appeal reviewed an injured worker’s challenge to a lower court’s decision to deny her claim for benefits based on the statute of limitations. The woman was employed as a nurse in 2007 when she experienced an injury to her neck. She sought treatment at the emergency room immediately following the injury. She continued to work but reported increased pain and discomfort in her neck. Her treating physicians prescribed a series of neck surgeries to address the condition. The woman did not file a claim for benefits but received a disability payment for the period of time that she was unable to work. She also testified that she did not inform her employer of her injury in 2007.

In 2009, the worker continued to seek treatment for her neck injury while returning to work. In 2012, she told her employer that she could not turn her neck following a work assignment that she characterized as heavy. She received treatment for the injury while being out of work for three months. She also received short-term disability benefits during this period.

In 2015, the woman filed her claim for benefits with the Massachusetts workers’ compensation system, stating her last day of work as the date that the injury occurred. In her claim, she stated that she suffered a cumulative injury resulting from many years of moving and lifting patients. The insurer for her employer denied the claim as not being filed within the statute of limitations. The woman fought the denial and a workers’ compensation judge eventually issued an order requiring the insurance company to pay benefits to the woman for her injury.

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Just because you were awarded workers’ compensation benefits does not mean that the insurance company will continue to pay them indefinitely. There are many procedures in the Massachusetts workers’ compensation system that allow an insurer to seek a cancellation, modification, or adjustment to an award of benefits. Having an experienced attorney on your side can help you ensure that you protect yourself against a revocation or reduction of your benefit payments down the road.highway

A Massachusetts appellate court recently reviewed a claim in which an insurance company asked the court to discontinue, modify, or recoup benefit payments that it was required to pay to an injured worker. The worker in the claim was injured on the job in a motor vehicle accident. The insurance company originally accepted liability for her injury, but it later fought her claim for reimbursement for medical treatments. The worker appealed the insurance company’s denial, and the judge issued an order requiring the insurance company to pay for the treatments as well as disability benefits. The insurance company filed an appeal and offered more medical records. At the end of the appeal hearing, the judge affirmed the decision to require the company to provide reimbursements for medical expenses and disability benefits.

The insurance company appealed this order on several grounds, including an assertion that the judge misstated medical expert testimony in his opinion. The insurance company also alleged that the judge impermissibly relied on his own personal observations of the worker during a hearing to conclude that she was uncomfortable and suffering from work-related injuries.

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Most people know that the workers’ compensation system provides benefits and medical expenses reimbursement for injuries that happen at work. Many individuals mistakenly believe that this only covers physical injuries, when in reality Massachusetts’ workers’ compensation system covers psychiatric injuries as well. Our Boston workers’ compensation lawyers are standing by and ready to assist you with asserting your right to benefits.Legal News Gavel

Recently, a Massachusetts appellate court discussed a claim involving a psychiatric injury. The claim involved a number of hearings regarding the psychiatric injury that he sustained while he was working as a mechanic aide. The aide worked for a company that provided general maintenance services for an apartment complex, and his employer asked him to enforce the facility’s non-smoking requirement. The man testified at the hearings that he was subjected to serious harassment and confrontations when he would attempt to enforce the policy.

After the first hearing, the judge concluded that the man suffered from serious anxiety as a result of his job duties and that he was disabled. The judge also concluded, however, that the man was not disabled from performing other job duties. As a result, the judge denied the worker’s claim for benefits. He appealed, and the decision was affirmed. After another appeal, the appellate court concluded that the man sustained a total disability as a result of the harassment and confrontations and concluded that he was due full benefits until he could enter another occupation.

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Legal News GavelThe construction industry faces some of the highest rates of workers’ compensation claims, which is unsurprising considering how demanding and dangerous this work can be. As seasoned Massachusetts workers’ compensation lawyers, we have guided numerous industrial workers through the process and helped them maximize their recovery.

In a recent decision from a Massachusetts appellate court, a construction worker was employed by the city highway department as an operator of heavy equipment. He injured his back in 2008 while using a device known as a jumping jack compactor. One year after, he reported another injury when he drove over a pothole while operating a road paver. According to the man, the impact caused him to jump out of his seat. He requested workers’ compensation benefits and the judge ordered his employer’s insurance agent to provide total incapacity benefits.

Due to his injuries, the worker was prescribed a surgical lumbar fusion operation and the judge resultingly deemed the claim medically complex. while the insurer accepted responsibility for the first injury using the jumping jack compactor, it denied liability for the second accident affecting the worker’s lower back.

A hearing was held to determine whether the insurer should compensate the man for the second surgery. The employee testified regarding his job duties and the accidents, and evidence was offered to support his testimony. The judge concluded that based on the man’s testimony regarding his pain and limitations, restrictions, background, training, vocational experience, and age he was permanently and totally disabled. The judge included medical reports and testimony regarding the spinal fusion’s direct relation to the injury.

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Legal News GavelIf you seek workers’ compensation benefits, the insurer for your employer is typically the company that handles the claim. This can be incredibly difficult, especially if the insurer does not play by the rules and attempts to avoid paying benefits and medical expense reimbursements that you need and deserve. As seasoned Massachusetts’ work injury lawyers, our team has helped countless individuals fight for their right to coverage after a devastating work injury.

In a Massachusetts court decision that came down recently, an insurance company appealed a lower court’s order requiring the company to provide permanent and total incapacity benefits to an injured worker, in addition to payments for bodily disfigurement totaling $15,000. The court additionally awarded the worker reasonable medical expenses stemming from the injury and allowed the worker to seek reimbursement for a motorized chairlift in her home.

The injury occurred when the employee was working in a school system as the person who prepared and handed out food to school students at lunch. She was cleaning the cafeteria facility when spilled food caused her to slip and fall. Her right leg was struck when she fall, resulting in a serious injury. Although she tried to resume working, she was ultimately required to go home because of the pain. A medical examination revealed that she suffered a serious ankle sprain and contusions.

The insurer appealed the award of benefits, identifying several errors. First, it claimed that the lower court made inconsistent findings, mischaracterized evidence that the independent medical examiner provided, relied on supplemental medical evidence to challenge the medical examiner’s opinion, and failed to perform a suitable analysis of the ultimate cause of the woman’s injury.

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Legal News GavelWhen you file a workers’ compensation claim, your employer’s insurance company will usually be the entity that represents your employer throughout the claims process. In many instances, an insurance company will try to avoid paying benefits to an injured worker, or make decisions that don’t have your best interests in mind. As knowledgeable Boston workers’ compensation lawyers, we can stand by your side and ensure that you receive the fair treatment that you deserve.

In a recent appellate opinion, the insurer challenged a lower court decision awarding total incapacity benefits to an employee. The worker was injured as a union laborer in a series of accidents that spanned a 10-year period. The insurer accepted the worker’s claim for each accident and paid a lump sum settlement for each claim. In 2004, the worker returned to work at full capacity despite warnings from his doctors that doing so would likely result in further injuries. The man stated that he suffered moderate pain but that he took methadone and other medications on a daily basis to manage his symptoms. He also stated that he tried his best to avoid the most stressful and physically challenging jobs.

In 2012, the man reported another back injury and said that it occurred when another employee dropped a piece of construction material on his back. He was not able to return to work due to the pain, despite a note from his physicians clearing him for light duty work. The insurer did not accept liability for the claim, arguing that his claim was barred under a provision of Massachusetts’ workers’ compensation laws stating that an employee cannot recover compensation when the employee was injured as a result of his or her own willful and intentional conduct. The insurer alleged that since the man’s doctors had informed him that returning to work in full capacity would result in injuries, the man was acting willfully and intentionally. The insurer also argued that as a result of the man’s four prior injuries, he had actual knowledge that there was a substantial risk that he would suffer an injury if he returned to work against the doctor’s advice.

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Legal News GavelIf you have pre-existing medical conditions, seeking benefits after a work injury can be complicated. Insurance companies will often argue that your injuries are results of a pre-existing condition and try to deny coverage for your work-related accident. As seasoned Massachusetts workers’ compensation lawyers, we are standing by to help you pursue the outcome that you legally deserve.

A recent appellate decision from a Massachusetts court highlights the importance of considering pre-existing injuries when filing a claim for benefits. The worker was employed in a position that was largely dedicated to administrative tasks. The position required him to occasionally restrain youths who engaged in violent outbursts. The man suffered an injury during an instance in which he was attempting to restrain a violent youth. He suffered a torn rotator cuff in addition to a lower back injury as a result of the incident.

The worker filed a claim for workers’ compensation benefits in addition to seeking reimbursement for his medical expenses. As part of the claims process, the man underwent an examination by an independent medical examiner. The man also underwent surgery for his back and surgery for his torn rotator cuff.

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Legal News GavelThere are many different ways that a work injury can take place, including a car accident while on the job. Many individuals are required to drive as part of their work duties, and they are just as susceptible to being involved in a crash as other individuals on the roadway. Our seasoned team of Boston workers’ compensation lawyers has handled numerous work-related car accident claims, and we are prepared to help you fight for the benefits that you need and deserve.

In a recent decision by the Department of Industrial Accidents in Massachusetts, a man was injured in a car accident while he was working. He was tasked with transporting a large section of equipment on a tractor trailer to another job site. The vehicle that he was driving was struck by another truck, and he required extensive medical care following the crash.

The man applied for workers’ compensation benefits, and he was seen by an impartial medical examiner. The examiner determined that the worker was able to perform some part-time job tasks, subject to limitations. At the worker’s deposition, the insurer offered videotape footage showing the man fishing. After this, the medical examiner determined that the man was able to sit and stand for multiple hours and that he could work for 30 hours each week.

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