A workers’ compensation medical report was insufficient to establish a direct causal link between an accident and an alleged concussion and subsequent stroke, precluded from admission by a federal court in a personal injury case.
The case, Robert Hibbert v. Flavors C Inc., revolves around a personal injury claim following a collision between two tractor-trailers. On Nov. 10, 2020, while operating a truck on behalf of his employer, Robert Hibbert was rear-ended by another tractor-trailer. The incident led to significant health issues for Hibbert, including symptoms resembling those he exhibited following a stroke in 2013.
Hibbert sought to establish that the accident resulted in a concussion and subsequently triggered a stroke. The case involves various expert testimonies regarding Hibbert’s medical condition post-accident.
Workers’ compensation context
The involvement of workers’ compensation in this case is crucial. Hibbert’s workers’ compensation carrier retained an independent medical examiner, Dr. James A. Charles, to evaluate his condition. The role of workers’ compensation here is to determine whether Hibbert’s injuries are compensable under workers’ compensation laws, which typically cover injuries sustained in the course of employment.
Failure to meet Daubert standard
Conclusion
The Hibbert case highlights the complexities involved in workers’ compensation claims, particularly the need for concrete medical evidence linking the injury to the workplace accident. The court’s reliance on the Daubert standard to evaluate expert testimonies plays a crucial role in determining the outcome of such cases.
For workers’ compensation to be awarded, the evidence must unequivocally demonstrate that the injury arose out of and in the course of employment, a threshold that Hibbert’s case failed to meet due to conflicting medical opinions.
Claimants' attorney Jon L. Gelman is the author of "New Jersey Workers’ Compensation Law" and co-author of the national treatise "Modern Workers’ Compensation Law." He is based in Wayne, New Jersey. This blog post is republished with permission.
Sep 17-18, 2024
Transforming the Insurance Industry: DEI in Today’s World The goal of this year’s Business Insura …
Sep 18, 2024
Don’t miss the chance to attend our job fair, where you can meet with our management team, sociali …
Sep 23-26, 2024
The IAIABC invites you to the IAIABC 110th Convention, "Passport to Solutions". The IAIABC Convent …
No Comments
Log in to post a comment