Posted by & filed under Legal News.

In a recent decision by the Honorable Pamela Fuller, MWC successfully defended a claim for benefits in the Kansas Division of Workers Compensation which resulted in a denial of all compensation. See Anab Hassan v. Tyson Fresh Meats, Inc. (Docket No. 1,062,808). The claimant, a Somalian worker at the Tyson Fresh Meats, Inc. beef packing plant in Finney County, demanded medical, temporary total disability and permanent partial general disability (work disability) benefits up to the statutory cap arising from a February 16, 2009 fall. Claimant alleged injury to her head, neck, back, bilateral shoulders and right leg, ankle and foot. Claimant received minimal medical treatment from the employer and, after a maternity leave, returned to work. Claimant subsequently terminated her employment, thus, exposing the Employer to the maximum statutory benefits for permanent partial general disability under Kansas law based on task loss and 100% wage loss.

Over three years later, claimant filed her claim for compensation arguing that payment of a medical bill for a December 3, 2012 date of service with payment on January 8, 2013 extended the statute of limitations. Although claimant argued that she repeatedly appeared at the plant medical office for treatment of her multiple injuries that all allegedly related back to her February 2009 incident, MWC attorneys successfully argued that claimant did not file her Application for Hearing within the relevant statute of limitations and that the service/payment relied on by claimant attached to a separate reported injury for which the statute had also expired. Through the teamwork of Thomas Munsell, member of the firm, who appeared at the hearing and cross-examined the fact witnesses, Randall Schroer, member of the firm, who handled the expert depositions and wrote the brief accompanying the submission letter, and Jackie Rieder, paralegal, who provided invaluable support to the attorneys involved, MWC successfully demonstrated that claimant’s alleged injury was untimely resulting in a denial of all benefits.

Click here to read the Court’s Memorandum Opinion in Anab Hassan v. Tyson Fresh Meats, Inc.