Pursuant to the Massachusetts Workers’ Compensation Act, people injured while working can often recover benefits for their lost wages. Further, people who suffer permanent harm may be granted permanent disability benefits. In a recent Massachusetts dispute over workers’ compensation benefits, the court discussed what evidence is needed to establish a permanent and total disability. If you were hurt while working, you may be able to recover benefits, and you should confer with a Massachusetts workers’ compensation attorney promptly.
History of the Case
It is reported that the claimant sustained a severe right elbow injury that ultimately led to him needing to use a prosthesis. An administrative law judge ruled the claimant was totally and permanently disabled, and the benefits review board affirmed the decision. The ALJ based its decision on the claimant’s testimony regarding the frequent slippage of the prosthesis, leading to sharp pain, which allegedly rendered him unemployable. However, the insurer contended that the claimant could still secure employment despite occasional discomfort from the prosthesis. Moreover, the claimant, despite his injury, pursued education and passed all his courses, indicating a level of functionality and adaptability.
Allegedly, during the trial, the claimant’s attending physician’s reports, along with those of another doctor chosen by the claimant, were submitted as exhibits. These reports provided insight into the claimant’s medical condition and the impact of the injury on his daily life. The ALJ’s decision heavily relied on the claimant’s testimony and medical reports, ultimately ruling in favor of total disability. The insurer disputed the ALJ’s determination that the claimant was totally and permanently disabled due to the injury. Continue reading →