Today we have a guest blogger, claimant lawyer Sheldon Saints. He presents what we lawyers call a Reese case where priors are indicated and the issue is whether a work event aggravated, accelerated or exacerbated the work injury in question. I had asked Shel to send me his next win so I would have an excuse to feature his daughter on the blog. I fear that y’all get weary of looking at snapshots of my own daughters, so from time to time we like to show off the fruit of other loins.
So here is what he had to say:
“No novel issue, though there were a number of events that had to be explained in this case, some of which are not apparent in the decision. Just a few: Just after his current left shoulder injury, he was treated for being punched in the neck. Just after the left shoulder surgery by Dr. Axe, claimant was treated for a broken pinky to the left hand. Apparently he was playing catch with his nephew while his left arm was in a sling. The employer insisted on submitting a surveillance video of my client in work clothes…but it was taken two months after the period of requested TTD.
The employer brought in co-workers to testify against the claimant. (In my experience that hurts the employer as often as it helps).
DME stated that left shoulder injury was related in equal parts to three events, but did testify that the most recent work injury ‘pushed it over the edge.’
I was impressed by Andrew Lukashunas, thorough and professional.“
The case is Dennis Flynn v. J. Michael’s Painting, IAB#1390796 (6/20/13). While this decision is pretty vanilla as situations go, it never hurts to be reminded of the burden of proof when you have a multiplicity of possible causatives. Additionally, I also am perpetually tickled by the level of civility and graciousness that exists among DE work comp lawyers even when adversaries. It is an exclusive club I am proud to belong to.
Have a great weekend!
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