Injured Worker Proves Claim Without Key Witness

Joe Di Bartolomeo
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Posted on Aug 07, 2017

In this case, the injured worker suffered a cut at work. He filed a claim after developing an infection. The from employer, through its independent medical examiner, argued that the injured worker’s diabetes was responsible for the infection. However, the treating physician rebutted this opinion.

The Workers’ Compensation Board addressed an argument that the injured worker failed to call a witness who saw the injury occur. The Board was satisfied that the injured worker was credible and testifying about how his injury occurred.

The Board also weighed the treating physician medical opinion against the insurance physician medical opinion. The Board noted that the independent medical examiner was not aware that the injured worker actually suffered a cut while on the job. The Board also pointed out that the insurance retained physician did not address the treating physician’s opinion.

This case shows the importance of having accident witnesses available to testify at hearing. It also illustrates the importance of a well-reasoned medical opinion based on a complete understanding of how the injury occurred.

Check out this video for an overview of workers' compensation hearings.