Massachusetts Workers Compensation Lawyers Blog

April 18, 2015

Roberts Dairy v. Billick: Workers’ Compensation Disability Rating

In Roberts Dairy v. Billick, a case from the Supreme Court of Iowa, claimant who injured his back while working at a feed company owned by employer. This injury occurred in 1985, and claimant eventually entered into a workers’ compensation settlement with employer at an 85 percent disability rating.

In 1993, claimant was injured while working for a trucking company. He was driving a tanker truck in bad weather when he lost control and crashed. Claimant injured his neck, back, legs, arms, head, and shoulder. Claimant again filed for workers’ compensation disability and entered into another settlement with his new employer’s insurance company. This time, the parties agreed on an 18.5 percent partial disability rating for the whole body. As our Boston workers’ compensation attorneys can explain, in disability cases it is often necessary to assign a disability rating as either partial or permanent to determine what is the appropriate amount of benefits.

In 2001, claimant began working for another dairy company driving a semi-tractor trailer. This employer required claimant to drive milk products to various businesses around the region. In 2004, claimant was loading his truck with a pallet of milk crates filled with bottles when he lost control of it, and it pinned him between the pallet and truck’s loading gate, crushing his ankle. For reasons not explained, most other drivers’ trucks were loaded by others, but claimant was instructed to load is own truck. He suffered four identifiable injuries as a result of this incident and sought medical treatment.
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April 13, 2015

Sather v. SAIF: Workers’ Compensation and Preexisting Conditions

by Jeffrey S. Glassman

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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April 8, 2015

Domestic Workers to Receive Workers’ Compensation Protection in Massachusetts

by Jeffrey S. Glassman

Childcare in Boston is expensive. Even those who can afford to send their children to daycare may likely be on a wait list. For this reason, many families decide to go the route of hiring a nanny to come to their home and watch their children during the day.

Some families will even “share” a nanny with other families and the nanny will watch more than one child at one. While the Internal Revenue Service (IRS) has long required parents to treat their nannies or other domestic workers as employees by withholding taxes and giving the employee a W-2 form, employers were not until now required to provide workers’ compensation for these employees or provide other protections normally reserved for employees.

According to a recent news article from WCVB 5, Massachusetts legislators have just passed an act to provide additional protections to domestic workers, and this act has been signed into law by Governor Deval Patrick.
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April 6, 2015

Milbrandt v. Bibb’s, Inc.: Third Party Actions in Workers’ Compensation Cases

by Jeffrey S. Glassman

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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April 3, 2015

Watters v. Nissan N. Am., Inc. – Workers’ Compensation Appeals

by Jeffrey S. Glassman

Watters v. Nissan N. Am., Inc., an appeal from the Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel at Nashville, involved claimant who was injured while working at an automobile manufacturing plant.

Claimant was working for employer at an automobile plant in 2006, when he first started to notice an odd fatigue in his arms and shoulders while on the job. One day in January 2007, he felt a sharp pain in his right arm. He immediately reported this incident to his supervisor and went to see an orthopedic surgeon for diagnosis and treatment.

His doctor first examined him on January 17, 2007 and determined the best course of action for claimant was physical therapy and work restrictions. His employer reassigned claimant to work at a collet retainer machine, which did not require heavy lifting. His doctor also referred him to another doctor who specialized in physical rehabilitation. There was a concern claimant was suffering from a condition known as thoracic outlet syndrome or had problems with his cervical spine. This new doctor ordered an MRI, and an EMG. The results of both tests were normal.
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April 2, 2015

Injured Worker Exposed to Radiation at Nuclear Power Plant

by Jeffrey S. Glassman

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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March 31, 2015

Wal-Mart to Finally Stop Fighting Fine for 2008 Trampling Death of Employee

by Jeffrey S. Glassman

As you may remember, in 2008, a worker at Long Island Wal-Mart store was trampled by customers running into the store for a sale known as the “Black Friday Blitz.”

Following worker’s death from on-the-job injuries, the United States Occupational Safety and Health Administration (OSHA) conducted an investigation into whether Wal-Mart was responsible for workers’ death, and if so, if the company should be required to pay a fine. Wal-Mart was also facing workers’ compensation claims and possible criminal charges in connection with this tragic work-related death.

With respect to criminal charges and workers’ compensation claims, Wal-Mart agreed to $400,000 in victim’s compensation and to make donations in the amount of $1.5 million to non-profit social services organizations. However, this did not stop the OSHA investigation from continuing.
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March 30, 2015

New England Public Work Crews Honor Fallen Worker

by Jeffrey S. Glassman

Any job requiring workers to go on active roadways is extremely dangerous. Even with road closures, lookouts and reflective clothing, workers are killed on the job on a regular basis.

According to a recent news article from WTNH, roadwork crews from across New England showed up at the funeral of a worker killed on the job to pay their respects. The funeral included hundreds of workers and a procession of public work vehicles traveling to the cemetery.

The worker who died on the job was working with his crew to fill in potholes, when his life was tragically cut short. Police say victim was working on placing a patch on a large pothole when a public works’ truck began backing up. Driver did not see victim and hit him with the truck.
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March 28, 2015

Hildebrant v. State ex rel., Dep’t of Workforce Servs.: Workers’ Compensation Appeals

by Jeffrey S. Glassman

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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March 26, 2015

State ex rel. Viking Forge Corp. v. Perry

by Jeffrey S. Glassman

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.