Workers Compensation Claim Disputed in Court
A recent worker’s compensation claim was brought to court in Florida because the employer alleged some of employee’s injuries were unrelated. The employer specifically alleged the injured worker had previous medical conditions that “flared up” during work but weren’t actually caused by work. The employer did not dispute all of the injuries.
In this case, the woman injured was employed as a certified nursing assistant at a nursing home. The woman was trying to lift an elderly resident, who was heavier than she was, from a chair. She claims that she felt a jerk and snap in her right arm and right shoulder and experienced severe neck pain. She completed the rest of the night’s shift and came into work the next day, but alleges that she was in great discomfort and pain. After working this shift, she felt her condition was worsened and was not able to return to work again because of the injuries.
The woman alleges that all of her injuries were sustained through this incident at work and that her employer should pay for these injuries per workers compensation laws. However, it was previously well-documented that the woman suffered from arthritis and neck pain in addition to experiencing right shoulder and arm problems.
Although her doctors documented that previous symptoms were worsened, her employer argues that these injuries were consistently experienced by the woman for over 10 months and not specifically experienced through work-related activity. The employer further argued that regardless of symptoms after the incident, all of the medical conditions were pre-existing and that this was the initial cause of any injury sustained.
The court looked to each specific injury, comparing medical records and evidence prior to the incident with medical records and evidence after the incident. Upon examining such, the court eventually decided that some of the woman’s injuries were in-fact work-related injuries but that all injuries were not caused through work.
The court rationalized that pre-existing conditions, known to “flare up” when under the slightest pressure, that were worsened would not be considered work-related. However, additional injuries sustained, even though causally connected to the previous conditions (such as additional shoulder injuries caused by the previous documented neck injury), were found to be work-related because but-for this incident, these additional injuries would not have been sustained.
Medical records obtained by the woman were the most crucial evidence used by the court. If you or a loved one is injured at work, it is extremely important that you seek medical attention as soon as possible. Not only is it important to receive treatment for any injuries, but it is also important that you have concrete proof of any injuries sustained through medical records.
As a Missouri workers compensation attorney and partner at the Page//Cagle law firm, the focus of my career is personal injury law. We handle cases from worker’s compensation to truck accidents. I offer free consultations to discuss your case with you and answer and questions and concerns you may have. If requested, I will take immediate action on your behalf to make sure you receive adequate and just compensation.
I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). If you don’t want to call or you can't call, you can email me at john@pagecagle.com or visit www.workerscomp-lawgroup.com for more information.
