Sometimes, the key to achieving a truly full success in your workers’ compensation case is not succeeding in the initial hearing but overcoming your employer’s (or your employer’s insurer’s) efforts to terminate your benefits. Getting the full benefit of your workers’ compensation means not just being prepared to win your benefits hearing but also preparing for a hearing regarding the reduction or elimination of your benefits. For all of these processes, it is helpful to rely on experienced Massachusetts workers’ compensation counsel who is well-versed in every type of hearing and process.
One worker who fought successfully to maintain his benefits in a recent ruling was Robert, a vending machine route delivery driver for many years. The driver’s job involved a great deal of heavy physical labor, including transporting boxes of coins that could weigh as much as 100 pounds. One day in the spring of 2015, Robert became injured when he fell down five steps at work.
Robert filed a claim for workers’ compensation benefits. The judge in his case concluded that his injuries were very serious, including a fractured and dislocated elbow, along with a wrist injury. Robert was awarded temporary total disability benefits. Less than a year later, the insurer made an effort to reduce or eliminate the benefits. The basis for the insurance company’s effort was an examining physician’s opinion that Robert could perform light duty work with lifting restrictions.