An Oklahoma man whose workers’ compensation claim was denied had the ruling vacated after the Oklahoma Court of Civic Appeals ruled that his injury occurred before the state raised the burden of proof associated with compensation claims.
Court documents revealed that Charles Prince injured his right foot in November 2008 while he was working for Brake Rebuilders & Frication Products Inc.
Mr. Prince was awarded compensation for his foot injury, but in 2009 he filed an additional claim for a lower back injury. He said his back injury was connected to his foot injury, but his claim was denied in workers’ compensation court.
On his second appeal, the Oklahoma Court of Civil Appeals ruled that Mr. Prince’s claim fell under the category of “any competent evidence,” which was the standard measurement for work related injuries during the time when his injury occurred.
In 2011, Oklahoma revised its workers’ compensation measurement system, raising the standard to “a clear weight of the evidence,” which holds a higher burden of proof than the earlier definition.
Because Mr. Prince suffered the injury before the burden of proof was raised, the Oklahoma Supreme court ruled unanimously that he clearly suffered a “work-related cumulative back injury” as dictated by the “any competent evidence” standard.
Sighting Williams Cos. Inc. v. Kristy Dunkelgod et al. in the ruling, the court said workers’ compensation claims need to be reviewed against the statutes that are in effect at the time of the injury.
Dr. Silverman Comments
Nearly all patients with lower extremity problems who try to accommodate for the injury without proper rehabilitation will develop compensatory problems.
Oftentimes patients who suffer foot or ankle injuries twist their leg outwards to control pain and instability, but over time this will cause weakness in the medial quadriceps, and abnormal tracking of the knee cap and patellar tendonitis. Over a long period of time this type of compensation can lead to hip bursitis and lower back pain. The good news is that these types of injuries usually heal quickly once corrective action is taken to fix the irritating movement.
In a 2001 study, the Journal of Occupational and Environmental medicine found that injured workers who visited a musculoskeletal specialist reported 45% less medical costs and 85% less indemnity. The study also showed that workers’ compensation claims were closed almost six months faster if the injured worker visited a specialist.
Therefore, from all perspectives following any injury it is the best practice to get to specialist who understands what is going on in the extremity. The specialist will address the injury through surgical or non-surgical options, and will get you back on track with an appropriate rehabilitation schedule.
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