Articles Posted in Workers’ Compensation

There are many different ways in which you can become injured at work. Some are obvious, while others are less common. As seasoned Massachusetts workers’ compensation lawyers, we are prepared to handle unique and complex work injury cases and to ensure that you receive an appropriate outcome.

In a recent claim, a man worked as a lineman for various companies. This involved working outside on power transmission equipment. The man was exposed to tick bites as a result and was eventually determined to have contracted Lyme disease. According to his medical records, the man began experiencing acute joint pain, abdominal pain, diarrhea, headaches, and facial pressure. He worked until 2011, when he left due to the severity of his illness. He remained out of work until 2013, when he was determined to have no acute, active, or chronic diseases, and no further treatment was required.

In the workers’ compensation claim, an issue arose regarding the timing of when the worker was bitten by the ticks that caused him to contract Lyme disease. The man had worked for a variety of companies throughout the applicable time period, and the employers wanted to verify which employer was technically employing the worker at the time that he was infected. The judge reviewed the medical evidence and adopted the opinion of the independent medical examiner to find that the man was working for the first company involved when he was bitten. The judge ordered this employer to pay benefits, and the employer appealed.

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There are many ways that insurance companies may attempt to avoid paying workers’ compensation benefits. Massachusetts law has several doctrines, rules, and procedures that are important to understand when seeking benefits following a work injury. At Pulgini & Norton, our seasoned team of Boston work injury lawyers has the knowledge and experience it takes to ensure that you are treated fairly.

In a recent workers’ compensation case, the worker was a teacher for many years who eventually entered the nursing field. She obtained board certifications in mental health and psychiatric nursing. She worked for an agency that assigned nurses to work in various facilities. She was working as a psychiatric nurse under contract with her employer at the time of the incident. The employee worked the night shift five days a week and would drive to and from work, which was quite a distance. The employee believed that she was allotted compensation for meals and lodging for five days each week, so she would stay in a hotel room during her five-day stretches of work and then drive home at the end of the work week. The employee did not keep records of her expenses for lodging and meals.

According to the company that employed the worker, employees were not provided with a per diem for meals and lodgings unless they met the qualifications of a traveler, and the company did not assume that workers traveled unless the worker notified the employer. The company further testified during proceedings that it paid the worker a per diem for seven days because the worker did not notify the employer that she traveled home at the end of her five-day shifts.

A work injury can happen in virtually any context, including a car accident. As seasoned Boston workers’ compensation lawyers, we have substantial experience assisting individuals with navigating the claims process and ensuring that they receive the maximum amount of compensation that they are entitled to get. A recent opinion from the Department of Industrial Accidents discusses a claim for benefits in a situation in which an employee was injured in a car accident on the job. The man was transporting a piece of equipment on a trailer to a job site when the vehicle he was driving was hit by a truck. The man required extensive medical treatment, including cortisone shots and physical therapy.

The man underwent an impartial medical examination, and the doctor determined that the man could perform part-time work with some limitations. Video evidence was offered during the man’s deposition that showed him fishing. After the deposition, the doctor testified that the man was capable of standing or sitting for multiple hours at a time and thereby cleared to work for 30 hours per week.

The employer’s insurer awarded the man workers’ compensation benefits on an ongoing basis, and both parties appealed. The employee also requested to provide additional medical records on the basis that the existing medical record was inadequate, but the judge denied the motion. The man argued that the court erred in denying his request to provide additional medical evidence and that the court gave improper weight to the change in the medical examiner’s report. The man challenged the video footage in particular, stating that the video did not have any bearing on whether he was able to sit or stand for a substantial period of time.

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If you were hurt on the job, the Massachusetts workers’ compensation system is designed to provide you with benefit payments and reimbursement for your medical expenses. This sounds relatively straightforward, but the claims process can be long and complicated, especially if your injuries are complex. One of the biggest issues that our seasoned Boston work injury lawyers encounter has to do with whether or not medical treatment will be reimbursable.

This issue was discussed in a recent decision from the Massachusetts Department of Industrial Accidents. In the claim, the injured worker and the employer’s insurance carrier filed appeals after the judge denied and dismissed the worker’s claim for insurance coverage for the costs of his long-term care. The order also required the insurer to reimburse certain costs of allocating a guardianship for the worker’s property and person.

The worker suffered an injury while he was employed as a custodian and working on a hot tar roof. The worker claimed that he suffered blisters all over his left foot and burns. Although the employee was treated promptly, he suffered ulcers, ongoing infections, and other conditions in his left foot. The worker filed a claim for workers’ compensation benefits, and the judge awarded the worker temporary incapacity benefits for his foot injury as well as his depression.

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Understanding your rights after suffering an accident on the job can be overwhelming and confusing. This is especially true if you suffered serious injuries that may jeopardize your ability to return to work for a substantial period of time, or that leave you paralyzed. As Boston workers’ compensation lawyers, we have assisted numerous individuals with ensuring that they receive the maximum amount of compensation that they are entitled to obtain after being hurt on the job. One of the most critical aspects of a claim involves undergoing an independent medical examination. During this examination, the doctors will assess whether or not you are able to return to work. Being deemed capable of returning to work, even in a light duty capacity, can have serious consequences for your ability to receive benefits.

In a recent appellate opinion, the Massachusetts Department of Industrial Accidents considered a case involving a 63-year-old personal care assistant who was injured when she was helping a bedridden client. The woman described the pain that she suffered as a knife-like pain in her lower back that radiated to her left leg and foot. The woman ceased working and filed a workers’ compensation claim. She was awarded temporary incapacity benefits by her employer’s insurance company.

During an impartial exam, the reviewing physician diagnosed the woman with a chronic lumbar strain that also caused left leg radiculopathy and a degenerative spine condition. Both the employee and the insurance company agreed that the woman was no longer able to perform her job duties as a personal care assistant. The woman then underwent a series of medical treatments that eventually allowed her to be cleared for light duty work. The doctor later changed this finding to reflect that the woman was unable to work.

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One of the most complex aspects of any workers’ compensation claim is dealing with insurance companies, especially when multiple insurers are involved. At Pulgini & Norton, our seasoned team of Massachusetts workers’ compensation lawyers proudly provides legal counsel to injured workers and assists them with ensuring that insurance companies play by the rules.

In a recent opinion, the Massachusetts Department of Industrial Accidents considered a situation in which the first insurer to provide benefits on a claim argued that a subsequent insurer should be liable for paying an injured worker’s claim. The worker was employed as a certified nursing assistant when she suffered injuries after falling down a set of stairs on the job. The first insurer paid total incapacity benefits to the employee, and the worker underwent treatment for her left shoulder injury.

Some time thereafter, the woman reported pain in her right shoulder. The first insurer eventually stopped paying benefits, and the woman stopped working. She was later hired as a certified nursing assistant for a different employer until she left the position to undergo surgery on her left shoulder. While the woman was employed in this second position, she also provided some assistance privately to an independent senior individual. She claimed that he did not require significant assistance. The woman was not able to continue her employment as a certified nursing assistant because she found the job to be beyond her capabilities.

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In a workers’ compensation claim, there are many rules regarding the types of evidence that the administrative law judge can consider when determining whether an award of benefits is proper. As seasoned Boston workers’ compensation lawyers, we are well-versed in these laws and fight vigorously to make sure that our clients receive the fair treatment they deserve during the claims process. If you were hurt at work, contact us today to learn more about whether you are entitled to workers’ compensation benefits.

A recent claim discussed the evidence that a judge may consider during administrative hearings. The employee in the action worked as a mental health care provider for patients suffering from psychiatric injuries. During May 2015, he was attacked by a patient and suffered serious trauma to his neck and the back of his head. He also sustained an injury to his left ear.

The employee filed a claim for workers’ compensation benefits with his employer’s insurance carrier. Pursuant to Massachusetts law, the employee underwent a medical examination by an impartial physician who assessed the nature and extent of his injury. The physician who performed this assessment testified at a hearing about the claim, and the judge concluded that the case involved medically complex issues. In instances in which there are medical complexities involved, a judge can allow the parties to provide additional medical evidence to assist with finding clarity. After this holding, the insurance company provided additional medical reports. These reports were not listed in the judge’s final decision or included in the list of evidence used in reaching the final decision.

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The Massachusetts workers’ compensation system provides benefits to individuals who suffer injuries on the job. For many individuals, knowing how to navigate the legal system and understanding the complex procedures that must be followed can be daunting. At Pulgini & Norton, our seasoned Boston work injury lawyers have assisted many workers with understanding the best way to assert their rights following an accident at work.

In a recent claim, the employee worked for a temp agency that sent him to work for a company testing new medications. The employee had a medical degree and experience working as a clinical researcher. His boss at the job site instructed him to duplicate her research for the purposes of validating her findings. After performing the same research and testings, the employee concluded that the doctor had used improper methodologies and that her findings were invalid. According to him, his boss pressured him to change his approach to mirror her original findings, but he refused. The employee alleged that his boss became unhappy with him and assigned him menial tasks as retaliation and that his co-workers ridiculed him. He was fired in July 2011. The employee alleged that he suffered emotional harm as a result of the professional disagreement with his boss regarding the appropriate way to test the medications.

The worker did not undergo any psychological treatment until roughly three years after he was fired. According to the psychologist, the employee suffered from a single episode of depression of a severe nature. An impartial medical doctor assigned to evaluate the man’s condition concluded that the man suffered from a schizoaffective disorder that was not related to the workplace events. Instead, this doctor concluded that the workplace events exacerbated the condition. The independent doctor determined that the man was completely disabled and that he was unlikely to experience an improved function.

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The United States Bureau of Labor Statistics collects information about many aspects of our workforce, including the rate at which workers suffer injuries and fatalities. Recently, the Bureau released a report that summarizes its findings regarding the number of fatal illnesses and workplace injuries that occurred during 2016. The results of this report are startling and highlight what we as experienced Boston workers’ compensation lawyers already know:  Massachusetts workers face serious risks of injuries and must protect themselves at every opportunity.

According to the report, there were over 5,000 employees who lost their lives as results of accidents at the workplace during 2016. This constituted the highest number of fatal accidents since 2008. This is particularly staggering considering the increased efforts from the federal Occupational Safety and Health Administration to improve safety conditions in workplaces throughout the country. Many state and local agencies have also increased their efforts to make sure that employers are providing safe working conditions and complying with safety laws.

The report pinpointed traffic accidents as the primary reason that workers lose their lives on the job. In a bustling city like Boston, the odds that an employee will be involved in a crash are likely higher due to the heavy traffic and high population. Violence in the workplace was the next most significant cause of fatalities for workers, followed by falls. Contact with equipment and objects was the next highest category. Finally, the Bureau listed encounters with dangerous chemicals and substances as a major cause of deaths.

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Many individuals have pre-existing injuries with which they cope on a daily basis. When it comes to suffering an injury on the job, these existing injuries can lead to complications and delays when it comes to ensuring that you receive the compensation that you deserve. At Pulgini & Norton, our Boston workers’ compensation lawyers have assisted many injured employees with asserting their right to benefits vigorously and efficiently.

In a recent workers’ compensation case, the injured worker performed administrative duties for his employer. In some instances, he was also required to restrain youths who were acting aggressively or in a violent manner. During one situation in April 2009, the employee suffered an injury to his shoulder and lower back while he was trying to stop an incident between two teenagers. He filed a claim for workers’ compensation benefits.

Before a hearing on his claim, he underwent an examination by an impartial doctor according to Massachusetts law. The man also had to undergo an operation to address his injury. The doctor who examined him and two surgeons who performed the operation were deposed prior to the hearing. He also underwent an exam performed by another physician at the behest of the employer’s insurance carrier. This doctor prepared a report that was admitted into evidence for the hearing.