Neck Xray_Arbitrator Decision

Ghere Objection Helps Jill Wagner In Arbitration

Working as an order filler for a retail store, the petitioner was carrying two boxes when he tripped over stacked pallets and was flung forward over the pallets. He did not fall to the floor but he had torn all the skin off of his knee and his thumb was throbbing. He reported the incident to his supervisor but decided to try to work through the pain. After an hour, his back started to hurt as well as his neck. His supervisor sent him to Human Resources.

In Human Resources he was told he could not work again until he saw a doctor. When he returned to work he was placed on light duty. The petitioner saw at least three doctors during his treatment for injuries. One doctor had initially told the petitioner that his injuries were work related and he needed surgery. Later, after more information came to light the doctor told the petitioner that his injuries were not work related.

The first report, which was favorable to the petitioner was not produced until minutes before the other two doctors testified. Jill Wagner, the petitioner’s lawyer cited the Ghere objection which was sustained. The Ghere Objection held that the two other doctors should have been given access to the first doctor’s conflicting reports. The surprise and the disadvantage were unambiguous.

The respondent was ordered to pay reasonable and necessary medical services, and the petitioner was awarded temporary total disability benefits of $872.62/week for 143 weeks.

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