Thursday, December 6, 2012

ALJ McGRATH (BOSTON) DENIES BENEFITS FOR BILATERAL HIP REPLACEMENT FINDING THAT THE HIP CONDITIONS WHERE NOT CAUSED BY WORK ACTIVITIES

Applying the standard that for a claim to be compensable the work event must exceed in some manner the activities of daily living, ALJ McGrath found that the Claimant's complaints of pain for arthritis in his knees were at least as great away from work as they were at work.

Claimant had pain in many life activities unrelated to his employment at EBC. I find, given Claimant’s testimony and the testimony and reports of his treating physicians, that Claimant experienced the most intolerable pain not while at work, but rather while at rest and attempting to sleep.

Full Decision - Crocker vs. Electric Boat Corporation

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