ASA Attorneys- You Can't Shake Us. Winning.

A major win for not just our client but also the business community in London! In an appealed case in which employee was requesting benefits while off work, medical payments, and continued medical treatment after benefits were suspended. Employee initially sought treatment; however, did not treat with any medical provider for nine months. Thereafter, he returned for more treatment and demanded the employer pay for ongoing medical treatment and benefits while he remained off work. The Arbitrator agreed with the employee despite our doctor’s opinions and nine-month gap with no treatment, and awarded past medical expenses for excessive chiropractic treatment along with the future medical treatment prescribed by his doctor and weekly benefits while off work.

We appealed on behalf of our client. The Commission reversed the Arbitrator and concluded that employee had reached maximum medical improvement and was not entitled to any medical expenses or any future medical expenses.  The Commission also concluded that the medical treatments offered to employee after the nine-month gap in treatment was unrelated to the original work injury. Thus, employee is not entitled to any medical expenses, not entitled to any future medical expenses, and not entitled to any benefits while off work.

While we did not prevail at the Arbitration level, we never doubted our case, never doubted our evidence, and never doubted our client. This is a win not only for our firm and our client but also for the business community. The notion that an employee can abandon medical treatment due to an alleged work injury for nine months and then suddenly decide to resume treatment and have the employer pay for it is illogical and makes London less business friendly.

On to the next.

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