In four recent worker’s compensation cases, Shuttleworth PLLC attorney, Vickie Moffett Cruzen, obtained denials of employees’ claims against the firm’s clients, which included denials of all sought worker’s compensation benefits.
In a case involving an alleged work related gradually occurring injury Ms. Cruzen successfully argued on behalf of the client that the employee did not provide proper notice of injury, failed to establish that the employer had actual knowledge of the injury as alleged by the employee, and further that the employer was prejudiced by the late notice.
Cruzen again prevailed on the defense of a spinal injury claim for medical expenses and temporary total disability benefits by asserting that the medical opinions submitted by the employee did not establish any advancement in the severity of the claimant’s preexisting conditions and that the employee had failed to prove entitlement to temporary partial or temporary total disability benefits.
In response to a claim for mental injury, Cruzen established that the incidents forming the basis of the employee’s alleged mental injury did not constitute extraordinary or unusual stress compared to stress ordinarily experienced by employees with the same type of work duties and, therefore, the requested worker’s compensation benefits were not warranted.
Another claim for mental injury was denied after the employee failed to prove that the claimed mental injury was a result of an identifiable stressful work-related event. In this case Cruzen showed that the incidents complained of fell within the job description, that there was insufficient medical proof to support the employee’s allegations, and that the employee failed to provide timely notice.
These denials resulted in dismissals of all claims brought against the firm’s clients at the administrative level.