Medical opinions often form the basis for an award or denial of workers’ compensation benefits. As a result, it is critical to ensure that the medical examinations you receive are thorough and accurate and that the presiding judge abides by the applicable rules in determining the scope of those reports. At Pulgini & Norton, we have provided countless Boston residents with seasoned legal counsel when pursuing Massachusetts workers’ compensation benefits. We are standing by and ready to help you fight for your rights.
In a recent claim, the employee sought benefits for injuries he alleged that he sustained over time in his job as a union electrician. There were two insurers involved, an original insurer and a successive insurer. The judge ordered the successive insurer to pay temporary incapacity benefits to the worker in addition to reimbursement for medical expenses, which the successive insurer appealed. The judge denied the claim against the original insurer, which the employee appealed.
The worker underwent medical examinations and the insurers asserted a number of defenses including a lack of causal relationship between the injuries and the employee’s job, a lack of proper notice of the disability, and a lack of injury. The judge allowed the parties to submit additional medical evidence and the employee was the only one to testify at the hearing. The judge upheld the original order denying the claim against the original insurer and upholding the award of benefits against the successive insurer.