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Insurance carrier attempt to reduce benefits due to old accident overcome

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Our client suffered two work accidents involving her back in 2003 and 2006. The Insurance Carrier (here a self-insured employer) attempted to claim a mild disability (thus the lowest weekly benefit possible) and blame most of it on the first accident from 2003, even though our client had successfully returned to work prior to her 2006 accident.

After medical testimony, the Presiding Law Judge agreed with our position and found our client to have an overall Moderate disability (entitling her to higher weekly benefits) and splitting the disabilty between both accidents.

Result:  $250.00 a week instead of $125.00 a week, entitled to ongoing benefit payments.

Moderate Disability not Mild!