There is no such thing as an easy work-related injury, but some accidents leave the worker suffering from a lifetime of pain and disability. If you were hurt on the job, our diligent Boston workers’ compensation staff can assist you with ensuring that you receive the fair outcome that you deserve. While you are coping with the pain and stress that the injury has caused, we will assert your rights to the fullest extent possible while ensuring that you receive compassionate and responsive legal counsel.
Workers’ compensation claims can become incredibly complicated as there are many procedural rules and processes that must be followed, as a recent appellate case highlights. The case involved a truck driver who reportedly suffered serious injuries to multiple parts of his body when he fell out of his truck. He filed a claim for workers’ compensation benefits, which he received. Eventually, the insurer filed a claim to modify or discontinue the weekly benefit payments. In support of its request, it offered a report from an independent medical examiner.
The judge ultimately concluded that the employee suffered a temporary total disability due to the accident and awarded the employee benefits. The judge relied on the report in reaching this decision. The insurer appealed, first alleging that the report was not a proper basis for awarding benefits. According to the insurer, the doctor relied on nothing more than a temporal proximity theory to conclude that the worker suffered an on-the-job injury. The appellate court concluded that there was enough additional evidence to show that the truck driver was experiencing serious injuries and symptoms as a result of the fall, including post-traumatic head injuries, post-concussion syndrome, and more.