NEW HAMPSHIRE Workers' Compensation department has had 2 great wins lately!

Here are the details: 
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.

In this case, the employee had worked for his employer for only two days when he claims he suffered a back injury. Email correspondence and phone messages leading up to and following the accident indicated the employee had pre-existing injuries. Further, the medicals from the date of injury suggested there was no accident at all.

At hearing, thorough cross examination focused on pre-existing pain and injuries with the help of evidence gathered from both the adjuster and the employer. Testimony regarding the events that transpired on the alleged date of injury from the employer was also introduced at the hearing, which further supported the lack of an industrial accident.

The Department of Labor upheld our denial in full and awarded no benefits.

We are happy to discuss your workers' compensation claim at any time, and to provide practical tips and strategies to "win" your case.

In other news...Sarah Fuller, Hearings & Rules Administrator, has left the New Hampshire Department of Labor to pursue other opportunities with the State.

If you need assistance with a scheduled hearing after July 27, 2023, please email DOLHearings@dol.nh.gov

If it is an emergency, you may contact Director Danielle Albert directly or call the Department of Labor at (603) 271-3176 and ask to speak with her. 

TKCK is a workers' compensation and civil litigation firm handling cases in the all six New England States (Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine and Vermont) and at the Federal level for Longshore Harbor Workers’ Compensation Act and Defense Base Act claims.

We are approved panel counsel for most major insurers, including AIG, ACE/Chubb, Travelers, Liberty Mutual, Zurich, PMA, Utica, XL Specialty, Starr, The Hartford, CNA, Berkley, Acadia and others. We have longstanding partnerships with most major Third-Party Administrators and Self-Insured Groups and we are designated counsel for many of the largest employers in New England.

Experience Matters. Results Count.


Tentindo, Kendall, Canniff & Keefe LLP
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Boston, MA 02129
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