Workers’ Compensation – Sample Cases
…A 54-year-old millwright foreman slipped off of a steel beam, catching himself with his arm. He had immediate shoulder pain. He reported this injury to his supervisor and was later laid off. Many months later he was diagnosed with a tear in his rotator cuff. He had shoulder surgery and was disabled from work. His employer refused to recognize his injury and pay for his medical bills or weekly workers’ compensation benefits. After several hearings before a workers’ compensation judge, the judge agreed that he was injured at work, but did not award any benefits. The appeal board reversed the judge’s decision, ordering the employer to pay wage benefits for the time he missed work, reimburse him for his unpaid medical bills and pay him for the time he lost from a new job to attend the hearings.
…A 34-year-old finance company sales manager injured her neck in a car wreck on her way to a business appointment. After a doctor hired by her employer’s worker’s compensation insurance company said that she could return to work, her employer filed a petition to terminate her worker’s compensation benefits. After a series of hearings, the judge ruled that the sales manager had not yet recovered from her work injury. The judge also found that the insurance company had violated the Worker’s Compensation Act by failing to pay her partial benefits when she returned to work at light duty and less pay. The insurance company was ordered to pay a 50% penalty on all past-due benefits
… An 82-year-old former chief supervisor at a juvenile detention facility was still receiving worker’s compensation benefits. He had injured his shoulder breaking up a fight, eventually needing shoulder replacement surgery. He retired in his mid sixties because of this work injury. His former employer, the juvenile detention facility, filed a petition to suspend his benefits claiming that at age 82 he no longer intended to return to work. The Workers’ Compensation Judge granted the suspension. The Appeal Board reversed because a different judge had already decided that he was forced out of the labor market because of his injury. Further appeals are expected from the juvenile detention facility.
… A 57-year old airline worker was unloading a catering van when he slipped and fell. He injured his neck and back. He had extensive neck surgery which resulted in a scar on the back of his neck. The workmen’s compensation insurance company claimed that the scar on the back of the neck was below the level of the collarbone, which is not compensable. Extensive photographs and measurements were submitted corresponding to x-rays of his neck and upper body. After several hearings, the workmen’s compensation judge awarded significant benefits for the injured worker’s disfigurement and scaring from this surgery.
…A 50-year old construction worker got his arm caught in a cement mixer while delivering cement for his employer. It crushed both bones in his forearm which were repaired with a plate and screws. A workers’ compensation award was entered for his medical bills and lost wages. However, the employer illegally failed to have workers’ compensation insurance. After several requests, the Department of Labor & Industry finally agreed to prosecute the uninsured employer. The criminal court ordered the owners of the company to make monthly restitution payments.
… A 46-year old operations manager at a office products store was helping a customer load a large filing cabinet in his car. The customer suddenly swung his arm back, striking the manager squarely in the forehead with his elbow. She sustained a concussion and eventually had to quit work. She began receiving worker’s compensation wage and medical benefits. The store’s worker’s compensation insurance company filed a petition to suspend the manager’s wage benefits based on a medical exam by its favorite neurologist. After a hearing was held before the worker’s compensation judge and the neurologist’s deposition was taken, the manager’s claim was settled for a lump sum payment.
… A 39-year-old licensed practical nurse slipped and fell on a freshly mopped floor at work. The housekeeper apologized, admitting that she had forgotten to put up a wet floor sign. After the nurse’s employer’s worker’s compensation insurer attempted to stop her disability settlements, a successful settlement was negotiated. Since the housekeeper worked for a separate company, the housekeeping company was sued. That case also settled after preliminary litigation filings.
… A 23-year-old professional hockey player suffered a career-ending lower back injury. The hockey team denied any knowledge of his injury, however. A worker’s compensation claim was filed. The hockey player’s personnel file was subpoenaed from the team for a records deposition. The file was hand-delivered by the team’s vice president/general counsel rather than an office clerk, which was very unusual for this type of deposition. The general counsel admitted in the deposition that he and the team were aware of this injury. At the end of the cased, the worker’s compensation judge awarded benefits for the hockey player’s on-going wage loss. The hockey player returned to his native Canada where he got a job with a youth organization.
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