Massachusetts Workers Compensation Lawyers Blog
Stevens v. S.T. Servs., an appeal from the Minnesota Supreme Court, involved a claimant who began working at liquid storage facility in the late 1970s. In the mid-1980s, the claimant injured both shoulders and the year after his injury, his employer terminated his services.
For the next seven years after his termination, surgeons performed multiple operations on the claimant’s shoulders. During that period, the claimant applied for workers’ compensation benefits, and an administrative law judge (ALJ) awarded him benefits under a Temporary Total Disability (TTD) rating.
As your workers’ compensation lawyer can explain, a TTD rating is one of several classifications for benefits under a program administered by the Executive Office for Workforce Development for the Commonwealth of Massachusetts.
In Stevens, the parties entered into a settlement in the mid-1990s, whereby the claimant was to be awarded a disability rating of permanent and temporary total disability and found unfit for any type of employment.
Several years later, the claimant moved to Alaska and became a licensed plumber. He could not lift anything, but served as a consultant about plumbing issues. Eventually, he was offered a job as a consultant at a big box home improvement store, where he earned about $25 per hour.
He needed to return to Minnesota to undergo a medical procedure on his shoulders, and, when he was there, he had to meet with an investigator from the workers’ compensation insurance carrier. He disclosed his new job to the investigator. There was never any allegation that he attempted to commit any type of fraud with respect to his disability rating.
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The workers’ compensation program was designed to cover not only medical bills, but also lost wages for workers who were injured on the job. In exchange for the ability to file a workers’ compensation claim, workers are precluded from filing a separate civil action in most situations. This is the benefit to the employer. In reality, many employers see a mandate to carry workers’ compensation coverage as a great compromise, and a few of them will do whatever they can to keeps costs down.
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Each year, firefighters, police officers, ambulance drivers, EMTs, and paramedics, rank among the most dangerous occupations. Firefighters expose themselves to all kinds of risks every time they go out on a call. There are dangers related to driving to an emergency, smoke inhalation, and falling objects during fire rescue operations. For police, the most common cause of workplace injuries are vehicle collisions and being assaulted during an arrest. EMTs and paramedics are commonly injured in typical on-the-job situations, plus the many dangerous job tasks associated with helping patients. One particularly scary risk is contracting a blood borne illness from accidental needle sticks. Trying to restrain a patient in a moving ambulance to give an injection is no easy task.