Insurance Denial For Shoulder Injury Overturned On Appeal

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Insurance Denial For Shoulder Injury Overturned On Appeal

Bob Bollinger received a favorable decision from the Full Industrial Commission for a client who injured his shoulder at work. The client was a delivery manager who was called out onto the lot to help load merchandise into a customer’s car.

On the way back to his office, the client was in a hurry and instead of taking the stairs, he grabbed the handle on the back of a truck that was backed up to the dock and pulled himself up onto the dock. When he did that, he tore his biceps tendon and rotator cuff in his shoulder.

The insurance company denied the claim, asserting that it was not an “injury by accident.” Bob tried the case before Deputy Commissioner Tillman in Charlotte, and won. The insurance company appealed but Bob obtained a win – a 3-0 decision — for the client from the Full Commission on appeal.


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