Attorney Macrina Jerabek recently prevailed in a workers’ compensation contested case before the Office of Administrative Hearings. Jerabek represented a northern Wyoming coal mine contesting a former employee’s award of benefits for a shoulder injury the employee claimed occurred at work. During discovery, Jerabek identified multiple records showing inconsistencies in the employee’s original description of the injury and the employee’s statements to medical providers. Despite two medical providers’ testimony in support of the employee’s position, the mine prevailed at hearing. The hearing examiner issued an order denying benefits and finding the claimant failed to prove he suffered a compensable workplace injury.
The employee chose not to appeal the hearing examiner’s decision and the employer was able to recover a significant portion of its attorney fees and costs incurred contesting the claim. The result will positively impact the client’s premiums resulting in significant savings for the client over the next three years.
Hirst Applegate represents employers in worker’s compensation matters including contested case hearings. For more information on this area of the law, please contact Billie LM Addleman or Macrina Jerabek at 307.632.0541.