As seasoned Boston workers’ compensation lawyers, we know how important it is for injured workers to receive the medical treatment and reimbursements that they deserve in a timely fashion. Unfortunately, many workers’ compensation claims involve disputes with or among insurance companies regarding whether a treatment should be compensable, or which insurer should pay. One of the best things you can do when seeking workers’ compensation benefits is seeking experienced legal counsel to help avoid any delays or complications in your claim.
Recently, a Massachusetts court considered a conflict regarding which insurer was required to pay for an injured worker’s medical treatments. The worker was employed as a certified nursing assistant when she fell down a flight of stairs, suffering injuries to her knee and shoulder. The first insurer for the employer paid weekly total incapacity benefits to the employee. She received treatment for the injuries and reported experiencing pain. After 2008, she was unemployed and then secured a job with another nursing company. She was then required to leave work to undergo surgery on her shoulder. During this employment, she also performed some private assistance through a senior care service for an elderly gentleman who required minimal assistance.
After the surgery, the woman reported not experiencing any significant improvements. She filed a claim against the first insurer, seeking benefit payments and partial incapacity benefits. Initially, the judge assigned to the claim denied the request for benefits. The worker appealed and underwent an independent medical examination. Eventually, the judge approved a lump sum settlement between the first insurer and the worker, stating that the case was settled and liability for the shoulder injury was accepted by the insurer.