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Post-injury headaches may leave you on hook indefinitely

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in Compensation and Benefits,Human Resources

If a worker who was hurt at work can find a doctor to testify that subsequent debilitating headaches were caused by the work injury, you can expect to continue making disability payments for a long time.

Recent case: Katherine fell out of her office chair while standing up and hit her head on the floor. She had bruises and a headache. Katherine applied for workers’ comp benefits and got them after her doctor testified that the fall had caused her to suffer constant headaches.

The employer tried to get Kather­­ine’s benefits terminated, arguing that she should be able to hold down a job. Her doctor testified that she could never be a “reliable em­­ployee” and would never get past a probationary period and thus was unemployable. Her benefits continue. (Will­­iams v. Bank of America, No. COA12-965, Court of Appeals of North Caro­­lina, 2013)

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