Damages in case of injured UPS driver overturned - Business Insurance
A workers compensation insurer will not have to pay $100,000 in damages following a civil suit filed by a United Parcel Service driver who claims to have aggravated existing back pain while carrying a box up a set of stairs, whose comp claim he said was mishandled by his employer and its insurer, a divided appeals court in Mississippi ruled Tuesday.
Anthony Lee Tutor claimed he injured his back on the job at a time in 2011 when he had been undergoing treatment for back pain by both his primary care physician and a chiropractor, and that because of his injury he could not work; his employer in turn denied that he had a comp claim and instead allowed him to file for short-term disability for an injury deemed to have been one not connected to work despite Mr. Tutor’s protests, according to documents in Liberty Insurance Corp. v. Anthony Lee Tutor, filed in the Court of Appeals in Mississippi in Jackson.
He filed and received short-term disability pay, which was set to expire in early 2012. In the meantime, he continued treatment and complained of chronic back pain, stating he would not be able to go back to work, according to documents chronicling numerous doctor visits.
A workers compensation insurer will not have to pay $100,000 in damages following a civil suit filed by a United Parcel Service driver who claims to have aggravated existing back pain while carrying a box up a set of stairs, whose comp claim he said was mishandled by his employer and its insurer, a divided appeals court in Mississippi ruled Tuesday.
Anthony Lee Tutor claimed he injured his back on the job at a time in 2011 when he had been undergoing treatment for back pain by both his primary care physician and a chiropractor, and that because of his injury he could not work; his employer in turn denied that he had a comp claim and instead allowed him to file for short-term disability for an injury deemed to have been one not connected to work despite Mr. Tutor’s protests, according to documents in Liberty Insurance Corp. v. Anthony Lee Tutor, filed in the Court of Appeals in Mississippi in Jackson.
He filed and received short-term disability pay, which was set to expire in early 2012. In the meantime, he continued treatment and complained of chronic back pain, stating he would not be able to go back to work, according to documents chronicling numerous doctor visits.
