Scott Dunnagan (Raleigh) recently obtained an Opinion & Award in favor of defendants on all issues in a case where the claimant alleged injuries to the back and left leg stemming from a compensable right leg injury dating back to August 2005.  The claimant argued that the non-accepted injuries were caused by her altered gait from using a walker necessitated the accepted right knee condition.  Claimant never asserted compensability of the left knee or back, nor sought Commission approval of any evaluation or treatment until the hearing in May 2015.  The Deputy Commissioner determined the back and left knee conditions/treatment to be non-compensable, reasoning that the claimant failed to satisfy the burden of proving compensability, including a causal relationship between the injury and the employment.

Cases or matters referenced do not represent the law firm’s entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results.