Once you receive an award of workers’ compensation benefits, the process is far from over. The insurer that is required to pay your benefits may seek a modification or discontinuation of your payments. These companies do not always have injured workers’ best interests in mind, and they sometimes resort to complicated tactics to have a claim denied. Our knowledgeable team of Boston workers’ compensation lawyers is prepared to help you protect your right to compensation.
A recent claim discussed an insurer’s request to discontinue, modify, or recoup benefit payments to an injured worker. The woman suffered an injury to her neck during a motor vehicle accident that the insurer originally accepted. The employee sought reimbursement for proposed medical treatments, but the request was denied. The worker appealed, and the judge ultimately required the insurer to pay for the treatments as well as to continue paying disability benefits. The insurer appealed, and the reviewing judge allowed the submission of gap medical records to provide more context. At the conclusion of this hearing, the judge ordered the insurer to continue paying the same amount of benefits to the employee.
The insurer appealed again, raising four specific assignments of error. First, the insurer alleged that the judge misstated expert medical opinion testimony in reaching a decision and that the judge relied on his own opinion regarding the employee’s apparent uncomfortable demeanor during the hearing instead of the independent medical examination. The insurer also alleged that the judge wrongfully rejected independent medical examination information and failed to make adequate findings regarding the worker’s prior occupations.