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If there is any evidence that would support the basis for you being awarded benefits, then you should appeal. The evidence can be weighed differently on appeal, and it is definitely worth appealing the initial denial of benefits.
This was highlighted recently by the N.C. Court of Appeals in Keenan v. Federal Express Corp. (2024). In this case the injured employee was denied benefits as part of the initial hearing for the case based on the testimony of a physician who the employer required the injured employee to see. This physician testified the injured employee’s shoulder injury was not caused by the accident at work.
However, when this decision was appealed the Full Commission panel awarded benefits based on the fact the injured employee’s treating physician testified that the shoulder injured was caused by the accident at work. This was despite the fact the physician who the employer required the injured employee to see testified the shoulder injured was not caused by the accident at work. It was found the employer’s chosen physician’s original medical report actually noted that the shoulder injured was caused by the accident at work.
If a case is appealed from an initial denial of benefits, it is critical that all evidence that may support an award of benefit on appeal is properly addressed via the appeals process. Should you have any questions about this or any of issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.
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