If you were injured at work, you may be entitled to benefits and reimbursement for your medical expenses. At Pulgini & Norton, we have helped countless Boston residents understand the Massachusetts workers’ compensation system while helping them secure the outcome that they deserve.
As a recent claim demonstrates, one of the most critical aspects of a claim is knowing when to assert certain defenses or objections. In the claim, the employee suffered an injury to her right knee while working as a registered nurse. She was unable to work for a period of time and underwent surgery to address the injury. She returned to work less than a year after the injury, but reported chronic pain and symptoms when she increased her activity. She left work again due to the pain and filed a claim for benefits. The insurance company accepted liability for her right knee injury and provided benefit payments.
The insurance company filed a motion to discontinue payment of benefits, which was denied. The insurer appealed and the employee underwent an independent medical examination for her right knee only. The parties then sought another independent medical examination that covered both knees to determine causation and the extent of her disability. Medical evidence was presented at a hearing and both sides presented a vocational expert. The judge ultimately adopted the testimony and reports of the employer’s vocational expert, modified the employee’s benefits from section 34 to section 35 benefits, and ordered the insurer to pay for medical expenses associated with the right knee only.