An appeals court in South Carolina ordered a new hearing for an injured worker with both physical and mental injuries, reversing an earlier decision by an appeals panel with the Workers & # 39; Compensation Commission which found that an injured worker & # 39 ;s lack of credibility undermined medical opinions and treatment received. ”
The worker was injured in July 2011 while working for Philips Electronics, which accepted his injury as reimbursable and covered treatments and surgeries, leading to chronic pain and mental injuries, according to documents from [19459004Ittrandenr5809 filed in the Court of Appeals of South Carolina in Columbia.
"In the years since his injury … medical providers have also taken up his mental health and tried to combat depression and anxiety caused by his persistent pain," the documents state.
At the hearing of a State Commissioner for Workers' Compensation, the man sought a p rice for permanent and total disability, "claimed injuries to the back, left leg, left hip and left foot as well as psychological intent."
During testimony, it became known that (the man) had claimed a back injury in 2006 when he worked for a another company in Florida and he had applied for compensation to workers and unsuccessfully applied for social security income in 2008 and 2009 related to that injury. 1
The commissioner decided that the worker found that he was "completely and permanently disabled due to loss of use of fifty percent of the back," in accordance with state law. An entire panel was turned around and concluded that the man's lack of credibility undermined the medical opinions and treatment … because the opinions and conclusions of (his) suppliers were based on self-service of assertion. '
The order found that the man's' lack of truthfulness' was "An obstacle to supporting the sole commissioner's decision."
The state appealed the court disagreement, citing medical evidence and medical testimony weighed in the man's favor, writing that although the individual commissioner considered the man "not at all credible", the commissioner weighed "Still fair and impartial the medical evidence" by assigning him full
"The panel concluded that doctors' opinions were based on" self-service of claims ", but no doctor has said this, says the latest decision." What people say when they seeking medical help is usually self-service and sometimes unreliable.Doctors are trained to detect such and we are convinced that if the doctors thought they were being deceived in their opinions, they would have said so. ”