Drexel Williams v. Tarmac America-First District Court of Appeals
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Drexel Williams drove cement trucks for Tarmac America. He developed back pain following a work-related vehicular accident in the 1980s. The pain worsened throughout the 1990s, leading to his resignation on March 10, 2004 due to his stated inability to perform his duties while taking pain medications for his injured back. The Employer/Carrier (E/C) had provided the medical care for his back as the pain worsened.
Williams filed a petition for benefits (PFB) stating claims for permanent total disability (PTD) and PTD benefits from his resignation date of March 10, 2004. He described the accident as repetitive trauma to his back and recorded an accident date of January 26, 2004. The compensability of his back injury was never raised throughout the PFB process, but the Judge of Compensation Claims (JCC) ruled that Williams failed to establish a repetitive trauma injury to his back. The requested benefits were denied.
Williams appealed the JCC ruling, raising the point that compensibility of his back injury was never at issue. The appeals court agreed with Williams, reversing the ruling and remanding for further analysis.
Complications in receiving the workers’ compensation owed to you can come in many forms. Only an experienced attorney, who works for you alone, can help you confidently navigate the process and achieve a favorable result. The attorney’s at Canan Law can speak with you about your workers’ compensation claim and help you attain the compensation you deserve.
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