Claim for workers’ compensation benefits

September 20, 2017

An employee of a vending company injured her low back while pulling a heavy cart filled with products. She briefly treated and returned to work, telling the insurance adjuster handling the workers’ compensation claim that she was fine. The employee later retained counsel, started treating again with a neurologist, and filed a claim for workers’ compensation benefits. The deposition of the adjuster was taken, and both sides deposed medical experts. The compensation judge denied the claim in its entirety, adopting the opinions of our medical expert over the opinions of the treating neurologist. In her decision, the compensation judge relied on testimony unfavorable to the employee given by her treating neurologist on my cross examination. The employee did not appeal the decision.