Truck Driver Can't Explain How He Developed Back Pain But Still Collects Workers Compensation Benefits
Lipkin & Higgins was contacted by W.B., a 42 year old truck driver, regarding back pain he had been experiencing for the better part of 1 ½ years. W. B. had not been involved in any traffic accident or specific work related injury. In fact, when he first saw a doctor he could not attribute any cause for his back pain. Testing revealed that he had degenerative disc disease – arthritis in his lower spine – a condition which develops slowly over time, and which could cause the type of pain which he was complaining of. Without some connection to his job, W. B. would not be entitled to workers' compensation benefits.
In talking with him in detail about his medical history, his job duties and the particular truck he drove (W. B. was a local driver and drove the same truck daily), we learned that he had never before treated for low back complaints and never had restrictions imposed because of back problems. Moreover, the truck W. B. drove was equipped with a broken seat, and he loaded and unloaded his truck by hand rather than by forklift.
Lipkin & Higgins believed W. B.'s back problems were related to his job, that while he did not suffer an injury at one point in time, he had suffered a repetitive trauma injury due to riding on a defective seat and due to the lifting requirements of his job, which ultimately resulted in his having to undergo back surgery and lengthy period of recuperation. As far as W.B.'s degenerative precondition, our view was that his condition had not been symptomatic until he worked for his company for several years. We obtained a statement from his surgeon saying that the onset of W. B.'s problems and need for surgery were related to his job. Under workers' compensation law, an injured worker need only prove that his job played any causative role in his injury, that it need not be the principle cause or the only cause.
As a result of our efforts, W. B. achieved a favorable settlement of his case - $75,000.00 plus full weekly and medical benefits.
