In a rare win for an employer, Oxford HealthCare, represented by Tristan Armer, persuaded an administrative law judge for the Mississippi Workers' Compensation Commission to deny a claimant-employee any permanent disability benefits. The claimant-employee alleged she injured her lower back
while lifting a patient at work. She initially received medical treatment and
initial benefits for the injury. Through the coordinated efforts of the employer,
carrier, a nurse case manager and the attorney, the employee was authorized to return to
light duty. Oxford extended the claimant a written offer of light duty employment. However, the employee did not return to work, citing her personal physician's opinion that she could not return to work. After the claimant reached maximum medical improvement, Oxford extended yet a second written offer of employment. Again the employee did not report back to work
citing her own doctor's opinion she could not work. The ALJ ultimately found in favor of the employer, denying the employee any benefits for her on-the-job injury beyond what had already been paid on her behalf.
Posted on
Tuesday, February 10, 2009
by Heidelberg Steinberger