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Injured Worker’s Industrial Injury Appealed to The Common Pleas Court

Our client, an experienced and long-term employee suffered extensive injuries while hitching railcars on the job. While pushing a hitch car forward, our client experienced severe pain shooting through his shoulder. He reported his industrial injury and was granted allowed conditions for sprained ligaments in his back and a sprained joint in his shoulder.

Our client underwent physical therapy for his sprains. He then had an MRI which showed more extensive injuries. Following the MRI, we made two Requests for Additional Allowances with The Ohio Bureau of Workers’ Compensation for a tear to his right shoulder and tear to his bicep.

A hearing was held before a District Hearing Officer (DHO) who approved the condition of the shoulder tear but denied the bicep tear. The DHO Order was appealed and was then heard by a Staff Hearing Officer (SHO). Although pre-existing injuries were argued, our office presented evidence to show that our client’s right shoulder tear was substantially aggravated by the industrial injury which is the subject of this lawsuit. The SHO issued an order allowing conditions for both the shoulder and bicep tear.

The employer appealed the SHO’s Order which granted our client’s additional conditions. The Ohio Industrial Commission denied the employer’s appeal and the employer subsequently filed the appeal in the Wood County Common Pleas Court. Our office responded by filing a Complaint with the court requesting allowance of the additional shoulder tear and bicep tear conditions.

Legal Representation in Workers’ Compensation Cases

If you or someone you love has been injured at work, an experienced workers’ compensation attorney could help you receive benefits to aid in your recovery. The lawyers at Charles E. Boyk Law Offices are familiar with the complexities of workers’ compensation law and how to navigate a claim in and out of the courtroom. To schedule an initial consultation to discuss your options, contact us today.

Charles E. Boyk Law Offices, LLC

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