Sunday, June 16, 2013

Post-injury headaches may leave you on hook indefinitely ...

If a worker who was hurt at work can find a doctor to testify that subsequent debilitating headaches were caused by the work injury, you can expect to continue making disability payments for a long time.

Recent case: Katherine fell out of her office chair while standing up and hit her head on the floor. She had bruises and a headache. Katherine applied for workers? comp benefits and got them after her doctor testified that the fall had caused her to suffer constant headaches.

The employer tried to get Kather??ine?s benefits terminated, arguing that she should be able to hold down a job. Her doctor testified that she could never be a ?reliable em??ployee? and would never get past a probationary period and thus was unemployable. Her benefits continue. (Will??iams v. Bank of America, No. COA12-965, Court of Appeals of North Caro??lina, 2013)

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