Aug 18, 2011 |
Medical Care, Lost Wages and Disability for Giant Food Grocery Cashier
On August 17, 2011, Benjamin Boscolo successfully represented a Giant Food employee at a jury trial in Prince George’s County, Maryland. Our client worked for Giant for more than 29 years and as a result of her duties as a cashier (which included bagging groceries), she developed neck problems. Her neck symptoms progressed to the point that her doctor recommended neck surgery. Our client filed a workers’ compensation claim, which Giant Food denied. Mr. Boscolo argued that the years of bagging groceries constituted repetitive trauma, causing her neck injuries. Giant took the position that our client’s neck injuries were not caused by repetitive trauma and even if they were, Maryland law did not require Giant to pay for injuries resulting from repetitive trauma. The Maryland Workers’ Compensation Commission first heard the case and ruled that our client’s neck injury was not caused by repetitive trauma and was therefore, not a covered injury under Maryland law. Not satisfied with the unfavorable decision, and never one to give up the fight, Ben appealed the decision to the Circuit Court in order to protect our client’s interests. At trial, Ben successfully convinced the jury that repetitive trauma is an accident under Maryland law and that the Workers’ Compensation Commission was wrong in denying our client benefits. As a result of Ben’s excellent legal effort, Giant Food must now pay for our client’s neck-related medical care, including her neck surgery, her lost wages while recovering from her injury and money for her permanent neck injury. Our client was thrilled with the outcome and grateful that she had a Lawyer that Cared!