A work injury can happen in virtually any context, including a car accident. As seasoned Boston workers’ compensation lawyers, we have substantial experience assisting individuals with navigating the claims process and ensuring that they receive the maximum amount of compensation that they are entitled to get. A recent opinion from the Department of Industrial Accidents discusses a claim for benefits in a situation in which an employee was injured in a car accident on the job. The man was transporting a piece of equipment on a trailer to a job site when the vehicle he was driving was hit by a truck. The man required extensive medical treatment, including cortisone shots and physical therapy.
The man underwent an impartial medical examination, and the doctor determined that the man could perform part-time work with some limitations. Video evidence was offered during the man’s deposition that showed him fishing. After the deposition, the doctor testified that the man was capable of standing or sitting for multiple hours at a time and thereby cleared to work for 30 hours per week.
The employer’s insurer awarded the man workers’ compensation benefits on an ongoing basis, and both parties appealed. The employee also requested to provide additional medical records on the basis that the existing medical record was inadequate, but the judge denied the motion. The man argued that the court erred in denying his request to provide additional medical evidence and that the court gave improper weight to the change in the medical examiner’s report. The man challenged the video footage in particular, stating that the video did not have any bearing on whether he was able to sit or stand for a substantial period of time.