Worker experienced popping and discomfort

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Reference no: EM133870177

Question

Assume that a worker experienced popping and discomfort in his right hip when lifting a heavy object with a co-worker. Later the same day, the worker again experienced pain in the right hip while attempting to lift another very heavy object, this time by himself. The pain became disabling after a few minutes and the worker was subsequently out of work for three weeks. The worker then filed a claim for temporary total incapacity benefits. The employer's personnel manual (which the worker has never read) clearly states that workers should never attempt to lift heavy objects without first getting help. The jurisdiction in which this injury took place has the following workers' compensation rule: "Injury" does not include: . . . "Injury due solely to the culpable negligence of the injured employee." Assume that the involved insurance carrier has denied the worker's claim and has retained you to represent it. What arguments do you expect to hear from counsel to the worker? What responses can you make?

Reference no: EM133870177

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