In the News: Another Workers’ Compensation Win – What Can Employers Take Away?
Galloway attorneys Doris Bobadilla and Kelsey Bonnaffons recently obtained a complete defense verdict in a workers’ compensation case in which these questions arose:
- Did the claimant meet his burden of proving a work-related accident?
- Did the claimant prove a causal connection between a work accident and his alleged injuries?
- Did the claimant prove he was unable to engage in any type of employment as a result of the alleged work accident?
The defense thoroughly impeached the claimant’s credibility regarding the alleged work accident and refuted a causal connection between the claimant’s alleged work accident and his back injury. Doris and Kelsey also used expert testimony to prove the claimant could engage in work and showed various jobs available to him. The court ruled in favor of our client and denied the disputed claim in its entirety.
What can employers take away from this win?
- Maintain accurate job descriptions.
- Document alleged work accidents including who, what, where, when, and how.
- Obtain expert medical opinions to clarify whether or not an employee’s injury is related to his work.
- Consider retaining a vocational rehabilitation expert to help locate suitable jobs for an injured worker
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