The Claimant was a supervisor in Cleveland. He claimed to have injured his low back as a result of opening a dock door or moving a dock plate. The claim was certified for a Low Back Strain.
THOMAS & CO. RESULTS
The Employer/Client and Thomas & Co. teamed up once again to investigate the Claimant. Excellent videotape was obtained which showed the Claimant working for approximately one hour on his car. He was bending over, twisting and working in various awkward positions. The investigator also caught the Claimant driving his vehicle and visiting with friends all the while exhibiting no obvious signs of distress.
Thomas & Co. was able to utilize this information and to effectively argue for the termination of the Claimant’s Temporary and Total Disability benefits. Further, we worked very closely with a representative in the Employer/Client’s legal department on this claim as well. The Claimant was ultimately terminated for dishonesty. The Claimant’s lawyer threatened to sue for a retaliatory discharge claim under the Ohio Worker’s Compensation Act. However, due to the handling of the claim and the close supervision of the discharge, we were able to prevent a viable retaliatory discharge lawsuit from being filed.
In addition, the Claimant filed a Motion to additionally allow the claim for a Herniated Disk in his lower back. The matter was heard on two (2) occasions. Thomas & Co. worked well with representatives from the Employer/Client, who testified at the hearings, and successfully argued for the denial of the additional allowance requests at both hearings. The additional allowance requests were denied.
Through Thomas & Co.’s Thorough Claim Investigation and Through Its Close Working Relationship with the Employer/Client, the Employer/Client Was Able to Avoid Paying Unwarranted TTD Benefits to the Deceptive Claimant and Obtain a Denial of the More Serious Disk Herniation Condition Being Allowed for in the Claim.
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