There are many different phases to the workers’ compensation claim process, from filing your claim to receiving reimbursement for your necessary medical treatments. After you have been awarded benefits, your employer and/or its insurance company may seek a modification of those benefits or outright discontinuation. Seeking counsel from a dedicated Boston workers’ compensation lawyer at the outset of your claim can help you ensure that you are in the best legal position possible to receive the maximum amount of recovery that you deserve, and to protect your right to benefits down the road.
In a recently decided opinion, the Massachusetts Court of Appeal considered an employer’s request to discontinue an injured worker’s permanent and total incapacity benefit payments. In 1998, the worker was awarded benefits as the result of a health condition that she sustained while working at a school that was undergoing renovations. Her classroom was closed to the construction, which she reported as causing noxious fumes, heavy exhaust, paint, thick smoke, and other chemical-related smells.
The woman filed a claim for benefits and the judge in her claim determined that her symptoms of nausea, pain in her extremities, dizziness, asthma, and cough were causally connected to her employment at the school and awarded her benefits, which she received from 1998 to 2017. At this time, the employer filed a complaint to discontinue the benefit payments. In response, the woman offered medical expert testimony and reports stating that she still suffered from a disability related to the school construction. The judge adopted the opinions in the evidence and denied the employer’s request for discontinuation.