This NH employee was working for the employer as a stocker. On the date of injury, the employee allegedly injured his bilateral shoulders lifting a heavy bag while in the course of his employment.
At the time of the hearing under cross examination, we were able to show that the employee had left shoulder pathology before the alleged workplace injury.
We produced a left shoulder MRI that took place before the alleged date of injury, which the employee was hard-pressed under cross examination to refute.
To further dispel the allegation of a right shoulder injury related to the work place injury, we introduced medical records showing that the employee had slipped and fallen four months after the alleged date of injury, injuring his right shoulder for the first time.
Given our strong arguments and medical evidence showing no medical causation to any alleged workplace injury, the NH DOL Hearing Officer was compelled to find that the employees’ bilateral shoulder injuries did not arise out of and in the course of employment for the employer.
The claim was DENIED and the employee was refused payment for medical treatment and the indemnity benefits as a result.
