It is not uncommon for people who sustain injuries while working to suffer harm that is not work-related as well. In such instances, it can be difficult to differentiate whether an employee’s permanent incapacity and wage loss constitute a basis for awarding workers’ compensation benefits and, if so, to what extent. Recently, a Massachusetts court discussed the analysis undertaken by courts in workers’ compensation cases where the claimant’s losses were caused by numerous injuries. If you were injured at work, you might be able to recover workers’ compensation benefits, and it is in your best interest to meet with a Massachusetts workers’ compensation lawyer as soon as you can.
The Facts of the Case
It is reported that the claimant worked as a certified nurse’s assistant from 1972 to 2011. She suffered numerous injuries during that time; some of the harmful incidents occurred while she was working, while others happened outside of work. Regardless, she subsequently filed a claim for workers’ compensation benefits. An administrative judge awarded her permanent total incapacity benefits after hearing evidence of several of her work-related injuries.
Allegedly, the insurer appealed, arguing that she was not entitled to such benefits because her harm was not entirely work-related. The reviewing board vacated the administrative judge’s decision in part and affirmed it in part. Notably, the board vacated the permanent benefits award and replaced it with a temporary total benefits award. The insurer challenged the decision. Continue reading →