Sep 10, 2014 |
Successful Workers Compensation Appeal for Injured Nurse
In September 2014, Ben Boscolo won a jury trial for a registered nurse (RN) who suffered a pinched nerve in her back after a fall at work. Her employer, a large community hospital, did not want to take care of the injury. When she began to complain to her doctors about pain from her neck into her left shoulder and down her arm to the fingertips, the doctors didn’t take the time to listen to her, document the information, or order the correct tests to find what was wrong. Ultimately, the RN found a spine specialist who performed a nerve test and discovered the pinched nerve. The hospital believed that since the doctors’ records did not make any reference to the complaints, the problems did not exist. The Workers’ Compensation Commission sided with the employer and insurance company, stating her neck problem was not related to the fall. Ben and his client appealed the decision to a jury who reversed the order by concluding the nerve damage was caused by the fall at work. As a result of Ben’s efforts, his client can now pursue medical treatment and any other benefits relating to her injury.