When an employee is injured on the job, he or she can submit a claim for workers’ compensation benefits. This provides compensation for missed wages as well as medical treatments that are reasonably related to the work injury. Unsurprisingly, many insurers will debate whether a medical treatment should be reimbursed, arguing that it was not a reasonable outcome of the accident. As dedicated Boston work injury lawyers, we have the skills and experience it takes to ensure that you are treated fairly.
Recently, a Massachusetts appellate court considered a claim in which an insurer argued that it should not be required to pay for certain treatments related to an injured workers’ spinal injury. The woman worked as a transporter and cleaner when she suffered an injury to her neck. She underwent several operations and treatments including multiple spinal fusions.
Eventually, the woman accepted a lump sum settlement for her neck injury. Next, she received a surgical treatment for her lower back. She then filed a claim seeking reimbursement for medical expenses to pay for a Duragesic patch that would treat her persistent neck pain. Before a hearing on the claim, the employer’s insurance carrier was paying for half of the cost of the patch. After the hearing, the judge ordered the insurer to keep paying for half of the cost of the patch but denied the woman’s claim for compensation for additional medical bills. Both parties filed on appeal.