Name

Seekins v. International Paper

Insurance Company

Sedgwick Claims Management Services

Date Decided

June 18, 2014

Panel Members

Sue Jerome

Evelyn Knopf

Mike Stovall

Categories

Partial Incapacity Partial Incapacity Permanent Impairment Res Judicata

Tags

Pre-Existing Permanent Impairment Neck

File Size

228 KB

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Summary from the Troubh Heisler Attorneys

The panel affirmed the hearing officer’s decision awarding permanent impairment benefits for a 1991 neck injury, despite prior Board decisions finding that Seekins’s ongoing neck symptoms and incapacity were due to a pre-existing condition and not the 1991 injury. The hearing officer ruled, and the panel agreed, that permanent impairment has no relation to incapacity, and the prior decisions finding no continuing injury-related incapacity did not require a finding of no permanent impairment

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