Employer and Insurer Found Liable for Employee’s Injuries Suffered in Motor Vehicle Accident

Mr. Patterson represented a Home Health Care worker who injured his neck in a work related motor vehicle accident. After accepting liability for more than six months, the workers' compensation insurer obtained an independent medical evaluation supporting the Employer and Insurer's defense that the Employee had sustained only a temporary injury to his pre-existing degenerative neck condition. Mr. Patterson obtained expert testimony from the Employee's treating surgeon as well as their own independent medical report from an orthopedic surgeon, and established compensability. At a worker's compensation hearing, the Employer and Insurer were found liable for his injury and they were ordered to pay for the Employee's two level cervical fusion. In addition, the judge ordered payment of 104 weeks of wage loss benefits and a 15% permanent partial disability. The Employee was also provided the assistance of a qualified rehabilitation consultant to help medically manage his case and assist with finding future employment within his physical capabilities.