Articles Posted in Workers’ Compensation Benefits

In State ex rel. Turner Constr. Co. v. Indus. Commission, a workers’ compensation case from the Supreme Court of Ohio, claimant filed for benefits in connection with four on-the-job injuries. State ex rel. Those injuries occurred in early 1992, June 2005, October 2005, and July 2007. This appeal was filed in relation to claimant’s 2007 on-the-job injury.

In 2007, claimant was employed as a bricklayer when he suffered a thoracic injury and a depressive disorder related to the single incident. In 2011, claimant applied for a permanent total disability rating. Claimant included a report from his treating physician featuring an opinion claimant was suffering from permanent disability due alone to his psychiatric illness related to the 2007 injury. The workers’ compensation commission hired an independent physician to evaluate claimant, and this doctor agreed with claimant’s treating physician that claimant was not able to work due solely to his psychiatric condition caused by the 2007 accident.
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Sather v. SAIF, a workers’ compensation appeal from the Supreme Court of Oregon, involves a claimant who filed for benefits in 2009. Prior to the date of claimant’s on- the-job injury, he suffered from a preexisting degenerative disc disease. He also had a prior medical history of lower back pain with bilateral radiation to his legs. It is common for back pain to essentially spread to other parts of the body such as the legs though a process known to doctors as radiation.

Claimant then suffered a lumbar strain resulting from an on-the-job injury. Claimant applied for workers’ compensation benefits and employer’s workers’ compensation insurance company agreed to pay his claim in connection with the lumber strain. At this point, claimant filed another petition for workers’ compensation in connection with the combined condition of this preexisting back problem and his lumbar strain. This time, employer’s workers’ compensation insurance company denied his claim. The basis for denial of his claim was their belief his work-related injury was no longer a major contributing cause of the combined condition.

Under relevant state law, claimant was authorized to challenge insurance company’s denial and requested a hearing before the workers’ compensation commission. Following a hearing, the board upheld insurance company’s denial of claimant’s workers’ compensation benefits applications for the combined condition. Once the board denied his appeal, claimant filed a timely appeal before the state intermediary court of appeals.
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Milbrandt v. Bibb’s, Inc., an appeal from the South Dakota Supreme Court, involved claimant who was injured in a work-related car accident. Claimant was injured in the car crash on May 30, 2007. He was working as a truck driver, and was forced to drive off the road by another driver and injured his head, chest, neck, shoulder and hip.

His employer approved his claim for workers’ compensation benefits and paid him. At this point, claimant negotiated a settlement with at-fault driver’s insurance company in connection with negligence resulting in the car accident.
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According to a recent news article from AL Live, a worker at a nuclear power plant suffered an on-the-job injury and was exposed to radiation during the accident.

Witnesses say worker was busy conducting an inspection of an area of the nuclear plant known as a dry well in anticipation of shutting down the number 2 reactor to refuel it. This particular dry well contained a depression, which is around 6 feet deep, and worker somehow fell into it. He fell into the hole and hit his forehead, causing a head injury.

Plant officials say it was in the depression where worker was also was exposed to radiation. A spokesperson for the nuclear power plant is saying worker was only exposed to a minor amount of radiation. The reason for the contamination was this dry well was in a layer of the reactor housing, which surrounds the actual Number 2 reactor.
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Hildebrant v. State ex rel., Dep’t of Workforce Servs., a case from the Supreme Court of Wyoming, involved claimant who was injured while working as a heating, ventilation, and air conditioning (HVAC) technician.

In August 2011, claimant was employed as an HVAC technician at college located in central Wyoming. He was working on a ladder when he fell approximately 20 feet to the ground and was unable to move. Claimant was able to use his radio to call for help, and an ambulance was called to the scene to offer immediate medical attention to claimant.

While in the emergency room, claimant complained of pain in his back, shoulder and leg. After doctors performed an initial evaluation, they decided to transfer claimant to a larger state hospital with better equipment, so a proper diagnosis could be completed.
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State ex rel. Viking Forge Corp. v. Perry, a workers’ compensation appeal from the Supreme Court of Ohio, involved claimant who was injured while working at an industrial plant. His on-the-job accident resulted in severe injuries to claimant’s thumbs, and a surgeon had to partially amputate his left thumb and repair his right thumb.

Claimant filed for workers’ compensation benefits and was awarded temporary total disability benefits. After time to recover, claimant returned to work at his old position with light restrictions to due his earlier hand injury. Four months after returning to work, his light work restrictions were lifted, and he returned to his full job responsibilities as before the work-related accident.

Two months later, his surgeon determined claimant was no longer in need of treatment and discharged claimant. He referred claimant to an occupational therapy clinic for him to be fit with a prosthetic device and for further physical rehabilitation.

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Appeal of Brandon Kelly, a case from the Supreme Court of New Hampshire, involved claimant who was injured while working for a sheet metal company. His job responsibilities including driving a truck carrying sheet metal products to various job sites and making deliveries to customers.

On the day of the incident, claimant had been driving his truck to a job site when he fell asleep behind the wheel. After falling asleep, his truck hit a utility pole, and claimant was seriously injured. As a result of his serious on-the-job car accident, doctors had to amputate claimant’s leg.

Following amputation of his leg, claimant filed a claim for workers’ compensation with employer’s workers’ compensation insurance company. Employer’s insurance company denied his claim for benefits, and claimant appealed to the state workers’ compensation commission. After a hearing, commissioners determined he was entitled to workers’ compensation benefits and ordered insurance company compensate claimant for his work-related injury.
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