Courts crack down on workers’ comp for minor injuries — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Courts crack down on workers’ comp for minor injuries

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It used to be that an employee who continued to suffer any pain following a work-related injury could continue receiving workers’ compensation payments until she was fully healed. Now, however, Industrial Commission judges are getting tougher on pain that isn’t backed up by medical evidence.

That’s good news, because appeals courts rarely overturn the commission’s initial workers’ comp decisions.

Recent case: Gloria Cooper slipped while working at McDonald’s. She was off work until a few weeks later, when doctors said she could return without restrictions.

The Industrial Commission ordered compensation payments for those few weeks, but no more. She appealed, arguing that she was disabled by back and neck pain.

The North Carolina Court of Appeals refused to overturn the Industrial Commission’s decision. (Cooper v. BHT Enterprises, No. COA08-711, North Carolina Court of Appeals, 2009)

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