If 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.