Workers' CompensationMassachusetts Appellate Court Reverses Denial of Surgery for Worker With Injured Shoulder

February 12, 20210

There are varying degrees of injuries that can happen at work. While some are relatively minor and will heal over time, others can leave you with permanent disabilities. This is an extremely difficult situation emotionally as well as financially. A permanent disability can require never-ending medical treatment as well as other adjustments in your life such as earning less income or being entirely unable to work. The workers’ compensation system is designed to provide an injured worker with benefits to help cover lost wages and medical expenses. But before you are awarded the benefits that you deserve you have to complete the claims process. Finding out that your insurer is denying your claim or paying less than you deserve can be stressful and overwhelming. At Mass Injury Group, our Boston workers compensation lawyers are standing by to help you make sure that you are being treated fairly.

In a recent case, an employee reported experiencing an injury to his left shoulder while he was at work. He was awarded initial benefits and the insurance company raised a challenge regarding whether his injury was directly related to his job duties or primarily the result of a pre-existing injury. A hearing was held to determine whether the left shoulder injury qualified the man for workers’ compensation benefits. During the hearing, the worker requested compensation to cover the costs of surgery to treat his shoulder injury.

The judge issued a finding stating that the worker had reached maximum medical improvement. This is a diagnosis stating that further medical treatment is unlikely to improve a medical ailment or condition. The judge also concluded that the worker was partially disabled due to the injury. Both parties appealed this finding, claiming that the judge made errors in reaching these conclusions. The employee argued that the judge made a mistake, concluding that the worker had reached maximum medical improvement.


According to the appellate court that reviewed the case, the lower court misinterpreted a statement in one of the medical reports regarding the worker’s injured left shoulder. The physician wrote in the report that surgery would be beneficial for the worker’s injury. Based on this, the appellate court reversed the lower court’s findings and remanded the case for additional proceedings to determine whether the worker’s shoulder surgery should be covered as part of his workers’ compensation benefits award.

If you were hurt on the job, you can speak with someone at Mass Injury Group to learn more about how a Boston workers’ compensation lawyer can help you get the compensation that you deserve. Although it may seem overwhelming at this stage, it is important to make sure you have the financial support that you need to take care of your injuries and expenses. Your lawyer will review your case and help you determine the amount of benefits and medical expense reimbursements that you are entitled to receive. For a free consultation to learn about working with one of our attorneys, call Mass Injury Group now at 617-263-0060 or contact us online to begin.

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