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690 Flatbush Avenue, West Hartford, CT 06110-1308

27 Holmes Avenue, Waterbury, CT  203 756-6100

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690 Flatbush Avenue West Hartford, CT  06110-1308

860 236-9350             800 856-6400  toll free     860 523-9101  fax

27 Holmes Avenue Downtown Waterbury 203 756-6100

 

Clayton, Stress on the Job.

    Clayton's case is made up from a few of our cases.

    Seeing how Clayton's workers compensation case progresses may help you better understand what to expect in your case.

    You may also want to see what happens to Liz, Jason and Gloria in their workers compensation cases.

Clayton's Workers Compensation Injury

    Clayton has been a successful salesman for many years.  Lately, his job has been getting more stressful.  There is more competition from overseas and because of the internet.  He is having difficulty learning the new computer system at work.  He is not getting any younger and finds it more difficult to be traveling and loading samples into his car.  He has been smoking more and working longer hours.

 

    One morning, he starts to feel chest pain while driving to a customer's business.  As he is unloading his samples, the pain gets sharper and he feels like he cannot breathe.  His customer takes one look at him and calls for an ambulance.

 

    Clayton has had a heart attack.

 

 

Clayton's Workers Compensation Case

    The workers compensation insurance carrier for Clayton's company refuses to pay his medical bills or time out of work.  Clayton hires a lawyer to help him prove his case.

 

    Clayton's heart doctor writes a report saying that job stress caused the heart attack.  The doctor says in his report that Clayton's years of smoking also contributed to the heart attack.  The doctor also tells Clayton to find a less stressful job.

 

    The insurance company sends Clayton to be examined by a heart specialist.  The specialist sees Clayton for about five minutes.  The specialist writes a report saying that although Clayton's heart attack happened while he was at work, the heart attack was caused by pre-existing heart disease, which was made worse by the smoking.

 

    Clayton's lawyer arranges for another heart specialist to examine Clayton.  This doctor spends more time with Clayton and gives him the chance to explain how stressful his work had become.

 

    At an informal hearing, the workers compensation commissioner sends Clayton to be seen by another heart doctor.  This doctor will get copies of the medical reports from all the other doctors, will examine Clayton and will write a report with his opinion about whether the heart attack is work related.

 

    The insurance company continues to refuse to accept Clayton's workers compensation case.  His lawyer tells him they will need to prove the case at a formal hearing before a commissioner .

 

    To present Clayton’s workers compensation case as strongly as possible, his lawyer has had to pay the doctors for their time in writing reports and testifying at depositions, which are interviews conducted under oath.  The lawyer has had to study Clayton's medical reports and to learn enough about heart disease and heart attacks to present the case intelligently.

 

    Clayton's lawyer helps Clayton and his wife prepare to testify at the hearing about all the stress he was under at work.

    Clayton's lawyer anticipates that the insurance company may have Clayton's boss testify at the hearing that nothing unusual had been going on at work.  Clayton's lawyer interviews the boss at a deposition to be ready to effectively cross-examine him at the hearing.

What Could Happen Next

The Insurance Company Accepts Clayton's Workers Compensation Case

     Clayton’s lawyer puts together enough evidence that the insurance company is convinced that Clayton most likely will win his workers compensation case.  Rather than spend more money on Attorney fees, the insurance company decides to accept that the heart attack was caused by the job stress.

    This is the best result for Clayton.  The company pays Clayton for his time out of work and his medical bills.

    Clayton could even close out his workers compensation case in the future for a lump sum (paid all at once) payment.

 

Clayton Wins His Workers Compensation Case

    Clayton may win his case at a formal hearing.  The commissioner will order that the insurance company pay Clayton’s doctors and time out to work.

    The insurance company, however, could appeal the case to a panel of commissioners and even to the Connecticut Appellate and Supreme Court.  The panel or the courts could have the case start all over at a new formal hearing.  This new decision can also be appealed.

    Clayton may win his case, but only after a long time.  If appealed, cases can sometimes take 5 to 10 years or longer.

 

Clayton Loses His Workers Compensation Case

    Clayton may lose at the formal hearing or at some level of appeal.  He will not get paid for his time out of work.  His health insurance may pay for some of his medical treatment.  He will not owe any lawyer fees.

 

Clayton Settles His Workers Compensation Case

    Clayton and the insurance company can settle at any time if they can agree on an amount.  He can close out his workers compensation case entirely by signing a “Full and Final Stipulation”.  Or he may be able to settle just some of the issues by signing a “Stipulation to Date.”

 

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