Under Massachusetts law, employers are required to provide employees that sustain injuries at work with workers’ compensation benefits. Unfortunately, however, employers do not always uphold their obligations and will attempt to avoid paying benefits by arguing that an employee did not sustain significant harm. This was illustrated in a recent case in which an employer appealed a decision determining that an employee was permanently disabled. If you sustained an injury at work, it is advisable to confer with a Massachusetts workers’ compensation lawyer regarding what benefits you might be owed.
Factual and Procedural Background
It is reported that the claimant sustained a knee injury while working as a security patrol officer in 2005. Over time, her knee condition deteriorated, and she underwent surgery in 2012. After returning to work, she injured her left knee in August 2012 and had not worked since then. The claimant received ongoing treatment from an orthopedic surgeon and pain specialist.
Reportedly, based on the plaintiff’s testimony, medical opinions from the claimant’s providers, and an impartial medical examiner, the administrative judge determined that the claimant was permanently and totally disabled due to her work-related injuries. The judge ordered the employer to pay the employee temporary and permanent workers’ compensation benefits. The reviewing board summarily affirmed the judge’s decision. The employer then appealed to the Massachusetts courts. Continue reading →