|
Recent Success Cases at the Workers’ Compensation Commission
and the Circuit Court
Dependable and Vigilant
Claims/Legal Services at Work |
|
Thorough and ongoing claim investigations
Prompt and accurate compensability decisions
Skilled legal representation in all stages of workers’ compensation claim litigation
|
Including the CASE of the No Accidental Injury –
From a Vibrating Cell Phone!
Recent IWIF Success Cases at the Workers’ Compensation Commission and the Circuit Court
IWIF’s Legal and Claims professionals work hand-in-hand to litigate numerous cases in front of the Maryland Workers’ Compensation Commission (WCC). IWIF’s thorough investigations, case preparation and defense help to keep premium costs fair by limiting unnecessary and excessive awards/claim payments. Here are summaries of recent hearing cases where the WCC ruled in favor of the policyholder and with IWIF.
CASE of the No Accidental Injury - From a Vibrating Cell Phone
IWIF’s Claims and Legal team collaborated to convince the Commission that Claimant did not sustain an accidental injury arising out of and in the course of her employment. The claimant, a secretary with a local hospital, alleged that she sustained an injury to her side, back and buttocks when a vibrating cell phone at work caused a surge through her back and buttocks. The defense team made effective use of the employer, who testified the claimant never said anything to the employer about injuring herself in that manner. It also contrasted the available medical records with claimant’s testimony. Great teamwork!
CASE of the Suitable Employment
Congratulations to the IWIF Claims and Legal team for their successful effort to prevent claimant from receiving unwarranted temporary total disability benefits. The defense team was able to demonstrate to the Commission that suitable employment was available to the claimant and that he unjustifiably did not return to that employment. In preparing for this hearing, Claims and Legal secured important information from the employer. Great job!
CASE of the No TT While Working a Second Job
IWIF’s Claims, Legal and Special Investigations team successfully defended this claim for temporary total benefits and for medical treatment. The defense team obtained information that the claimant was working in an unrelated job during the claimed TT benefits period and also obtained surveillance, the results of which were inconsistent with claimant’s allegation. Great result!
CASE of the Inconsistent Alleged Injury
IWIF’s Claims and Legal professionals combined forces to successfully defend claimant’s attempt to secure benefits arising out of an alleged accidental injury. The claimant alleged in the Employee’s Claim form that she injured her back when changing a bed at work. The defense team made effective use of both an employer witness and cross examination to demonstrate that Claimant was inconsistent both in her reporting of the incident and in her description of what had occurred. Excellent job.!
CASE of the Back Injury Outside of Work
Claims and Legal teamed up to persuade the Commission that Claimant did not sustain an accidental injury arising out of and in the course of his employment while employed as a driver with our insured. The claimant alleged that he hurt his back while shoveling dirt for his employer. Having done an excellent job in preparing for the hearing, the defense team demonstrated that the claimant’s allegations were inconsistent with his initial claim form and that his injury occurred not at work, but at home. Great job with the case preparation!
CASE of the Truthful Witnesses
Another great job by the IWIF Claims and Legal team for their hard work in securing a denial of Claimant’s attempt to obtain compensation benefits. The claimant alleged that she was cleaning a shower and, in the process, injured her back and hip. The defense team, using information obtained in their investigation, presented two witnesses who denied Claimant reported the claim or sustained such an injury. Congratulations!
CASE of the “Previous Injury” and IWIF Win at the Circuit Court
Congratulations to the IWIF Claims and Legal team for their recent Circuit Court victory. Claimant alleged that he needed medical treatment, to wit, surgery, as a result of his accidental injury. The defense team presented medical reports to the Commission contradicting the need for accident related surgery. The defense team also presented evidence that Claimant had previously injured the same body part. Nonetheless, the Commission disagreed and ordered the Employer/Insurer to provide the surgery. The IWIF defense team appealed the decision to the Circuit Court and convinced the court of fact that the claimant was not entitled to the medical treatment. Fantastic job!
|
