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Client Gets Workers' Comp Benefits Despite Prior Injury
Loveland Workers' Comp Attorney Brett Busch was recently successful in helping an injured worker obtain workers' compensation benefits, despite the fact that the insurance company involved in the case initially refused the employee's claim. The insurer had denied the permanent partial disability claim of the injured worker because of a prior injury.
In this case, the client came to our law firm—Busch Law Offices—with an impairment rating of 17%. (An impairment rating measures the impact of the injury on the injury victim's ability to perform his or her everyday activities, which include working.) Despite this rating, the insurance company had denied the worker's claim for permanent partial disability based on the grounds that he had previously suffered from another injury prior to the more recently claimed injury. The act of an employer or insurance company attributing an impairment to a previous injury rather than the most recent one is referred to as "apportionment."
Attorney Busch took action on behalf of his client. In order to effectively challenge the position of the insurance company, Mr. Busch took a deposition from a treating physician and used this to convince the insurer that it should not have apportioned the injured worker's impairment. As a result, the client was able to walk away from this situation with adequate benefits under the workers' compensation that is available in the state of Colorado.
At Busch Law Offices, we know that there are many injured workers out there who are unfairly denied workers' comp benefits when they truly qualify for them. In order to help our clients get the financial support and medical treatment they need, we aggressively advocate on their behalf to prove their eligibility for works comp benefits. If you are having difficult securing these types of benefits after a workplace injury, contact our firm for assistance. We offer free case evaluations!