Charleston Office Wins Expedited Hearing Regarding Compensability Issue

Post Date
09/24/13

Attorney Arritt of C&W’s Charleston office was asked to defend a client against an allegation that the claimant, who was a salesman who worked from his home, sustained an injury to his neck while lifting a box from the back of his car.  The claim was not filed until after the claimant had cervical surgery regarding a herniated disk.  The potential exposure in this claim was significant given the nature of the alleged injury.

 

Attorney Arritt attended the Expedited Hearing, cross examined the claimant, and presented evidence in support of the denial of the claim.  The Office of Judges affirmed the denial of the claim based almost exclusively on Ms. Arritt’s arguments that the medical evidence did not reveal that the claimant advised any of his physicians of an alleged injury, that the claimant’s condition was related to a preexisting condition for which he had previously undergone two-level cervical fusion, and that the claimant failed to submit any evidence, other than his testimony, that he sustained an injury on the date he alleged.

 

Ms. Arritt’s attention to detail in preparing and presenting this claim allowed her to deliver results that saved the client from tens, or possibly hundreds of thousands of dollars in exposure. 

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