Workers’ Compensation

September 20, 2017

A caretaker of apartment buildings for a property management company in Duluth sustained a severe injury to his low back while shoveling snow. He filed a workers’ compensation claim, asserting he was permanently, totally disabled. Months after the work injury, the employee fell off the stairs of a friend’s deck that did not have a handrail, worsening his low back condition. The compensation judge ruled that the Employee’s fall from the stairs did not result from his leg giving out due to the work injury, and thus he was not entitled to workers’ compensation benefits. In so doing, the judge adopted the testimony of our medical expert over that of the employee’s medical expert. The ruling was affirmed on appeal by the Workers’ Compensation Court of Appeals.