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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


Gloria, Over and Over ... Repetitive Trauma.

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

    Seeing how Gloria'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 Clayton, Jason and Liz in their workers compensation cases.

Gloria's Work Injury

    Gloria works on a machine at a Connecticut factory.  To operate the machine, she has reach up and pull down a lever with her right hand.  She has to do this over and over.  She has to use just a little bit of force to pull down the lever.

    One day, the lever gets stuck as Gloria is pulling it down, causing a jolt to her shoulder.  She tells her supervisor she hurt her shoulder and goes home early that day.  She stays home the next day, using sick time.

    Gloria continues working at her job for several years.  She has worked as a machine operator at other factories.  Most of these jobs required her to do things over and over using her right hand.

    She also worked for a while cleaning offices.  She had to mop and use a vacuum cleaner.

    Gloria's right arm usually hurts by the end of the workday.  Lately, her arm has begun to hurt her earlier and earlier in the day.

    Gloria mentions to her family doctor that her arm has been bothering her.  The doctor sends her to an orthopedist who tells her she may need surgery.

    Gloria hears that her factory is going to shut down.  She gets a job inspecting parts at another factory.  She does not have to use her arm very much at all in this job.  She never goes back to see the doctor about the surgery.

    After being at her new job for several months, Gloria accidentally bangs her right shoulder into some shelving at work.  The nurse at the company's medical clinic asks her if she ever injured her right shoulder before and Gloria mentions how it used to bother her at her old job.  The doctor at  the clinic tells her she needs shoulder surgery.  

Gloria's Connecticut Workers Compensation Case

    The workers compensation insurance carrier for Gloria's present employer refuses to pay for the shoulder surgery.  The insurance company says her shoulder injury was caused by her previous job.  Gloria hires a lawyer to help her.

    Gloria's lawyer protects her by filing a workers compensation claim against her present employer and her old employer.  In the claim against her old employer, the lawyer says that reaching up and pulling down the lever over and over again caused her to hurt her shoulder through repetitive trauma.

    The insurance company for her old employer gives two reasons for rejecting her claim.  It says she hurt herself at her new job.  It also says she hurt herself at her old job when the lever got stuck but that she never filed an official workers compensation claim and now because more than one year has gone by it is too late to file a claim.

What Could Happen Next with Gloria's Work Injury Claim

Both  Insurance Companies Accepts Gloria's Workers Compensation Case

    Gloria's lawyer may be able to convince both insurance companies to accept her workers compensation case.  Her lawyer and the two insurance companies decide how much of her bills and lost wages should be paid by each company.

    This would probably be the best result for Gloria.  She would get paid for time out of work and her surgery and doctor's visits would be paid for.

    Gloria could even close out her workers compensation case in the future with either or both insurance companies for lump sum (paid all at once) payments.


Gloria Wins Her Workers Compensation Case

    Gloria may win her workers compensation case at a formal hearing.  The commissioner may decide that her injury was caused by the repetitive trauma at her old job or by bumping into the shelves at her new job.  The commissioner may also decide that her injury was caused in part by both the repetitive trauma and bumping into the shelves and order that the insurance companies each pay for part of her medical bills and lost wages.

    The insurance companies could appeal the workers compensation case to a panel of commissioners and even to the Connecticut Appellate and Supreme Court.   Appealed cases can sometimes take 5 to 10 years or longer to be finally resolved.

    If the commissioner decides that the repetitive trauma caused her injury, the insurance company for her old job can try to get reimbursed from the insurance companies for all the places where she used her shoulder over and over.


Gloria Loses Her Workers Compensation Case

    Gloria may lose her workers compensation case at the formal hearing if the commissioner decides that her shoulder injury was caused only by yanking her shoulder on the stuck lever.  She may also lose on an appeal.  She will not owe any lawyer fees.


Gloria Settles Her Workers Compensation Case

    Gloria and the insurance companies can settle at any time if they can agree on an amount.  Because the insurance companies for all the jobs where she used her shoulder over and over may be partially responsible for her claim, it probably will take a while to identify all the companies and decide how much each one should pay toward the settlement of her workers compensation case.


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