On-the-job injuries to the back can be caused by lifting, bending or reaching, as well as by falls and other accidents. Overuse of muscles can cause strains, torn ligaments, or herniated disks, extremely debilitating injuries that can force employees to miss work and lose income. Our client injured his back in 2004 while working as a meat packer, and in 2008 he was found to have a permanent partial disability. Years later, the insurance company began sending him letters to “seek out and attend job search assistance and/or rehabilitation.” When the client did not respond to these letters, the insurance company applied to reopen the case and suspend his payments. We opposed the application, which was denied by the Board, and the insurance company appealed.
We defended the Board’s decision on the appeal, and the Appellate Division, Third Department agreed, continuing payments to our client.