Our Atlanta work injury lawyers expect employers to challenge workers' compensation claims on the grounds that they weren't actually caused by job duties. We also sometimes anticipate challenges to ongoing benefits, based on argument the underlying work injury has largely healed and other conditions have come into play.
However, in the recent case of Hayes v. Rosenbaum Signs, the employer initially agreed to cover medical costs. But then the employer stopped. When the worker filed a petition, the employer conceded the worker's job was a major contributing factor to his need for medical treatment. The case was dismissed. A year later, the employer again denied treatment, this time based on an evaluation by a new doctor indicating the original injury was likely not work-related.
Ultimately, the South Dakota Supreme Court was asked to weigh in the matter, and decide whether the employer was judicially estopped from taking this kind of inconsistent position.