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Thomas
Coleman
recently secured a favorable decision at the Office of Administrative
Hearings in a case involving multiple claimed work injuries.
The first injury was alleged to have resulted from an
accident involving a motor vehicle and a train, wherein the employee
claimed to have suffered significant and permanent injuries to the cervical
spine, bilateral shoulders, and back. He subsequently underwent cervical
fusion surgery. The second injury involved a claim for PTSD, which the
employee allegedly sustained as a result of another accident.
The Compensation Judge at the Office of Administrative
Hearings found that the first injury was a temporary aggravation, which
resolved within six weeks, and he denied any claims after that time. This
included a denial of significant amounts of indemnity benefits and medical
benefits, including the cervical fusion surgery. With respect to the PTSD
claim, the Compensation Judge denied primary liability for the claim in its
entirety.
This was an
outstanding result in a case involving significant exposure and a possible
permanent total disability claim.
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